Section 152: Ademption explained

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 152

Section 152 explains the fundamental doctrine of Ademption, establishing that a specific legacy is adeemed (extinguished) if the specifically bequeathed asset does not exist at the testator's death.

  • Extinguishment of Specific Gift: If anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into a different property, the legacy is adeemed.
  • Legatee Takes Nothing: The specific legatee cannot demand compensation or financial equivalent from the general estate; the gift fails completely by operation of law.
  • Objective Test of Non-Existence: Ademption operates objectively based on whether the specific asset exists in the estate at death, regardless of whether the testator intended to revoke the gift.
Key Landmark Precedents:
  • Ashburner v. Macguire (1786) 2 Bro CC 108: The foundational equity locus classicus codified in Section 152: ademption depends not on the subjective animus of the testator, but on the objective factual absence of the specific thing from the estate at death.
  • Subramaniam v. Ramaswamy (1932) 34 BOMLR 1612: The Privy Council affirmed that if specifically bequeathed property is sold, destroyed, or substantially altered during the testator's lifetime, the specific legatee's claim is completely extinguished.
Courtroom Practice & Strategic Litigation Guidance:

In estate dispute conferences, if a specific house bequeathed to a client was sold by the testator to buy a new flat before death, counsel must advise the client that Section 152 extinguishes the bequest; the client cannot trace the legacy into the new flat.