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Section 145: Bequest of money where not payable until part of testator's property disposed of in certain way

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 144 All 391 Sections of Indian Succession Act Section 146

Legal Commentary & Landmark Judgments: Section 145

Section 145 provides that a bequest of money is not specific merely because it is directed to be paid after some part of the testator's property is disposed of in a certain way.

  • Postponed Monetary Bequest: A bequest of money is not specific merely because it is not payable until some part of the testator's property has been sold or disposed of in a particular manner.
  • General Charge Rather than Specific Fund: The direction merely fixes the time or fund for convenient payment; it does not convert the pecuniary gift into a specific piece of property.
  • Survival of Legacy: If the specified property cannot be sold or is destroyed, the legacy remains payable out of the general assets of the estate.
Key Landmark Precedents:
  • Ranganathan Chettiar v. Periakaruppan Chettiar AIR 1957 SC 815: The Supreme Court affirmed that directions regarding the fund or timing of realization do not convert a pecuniary legacy into a specific legacy under Section 145.
  • Navneet Lal v. Gokul (1976) 1 SCC 630: Reiterated that testamentary construction leans in favor of preserving legacies against ademption wherever possible.
Courtroom Practice & Strategic Litigation Guidance:

A bequest of 'Rs. 5 Lakhs to be paid out of the sale proceeds of my Delhi property' does not fail if the Delhi property was sold before death; under Section 145 r/w Section 150, it operates as a demonstrative legacy payable out of general assets.

Section 144 All 391 Sections of Indian Succession Act Section 146