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Section 153: Non-ademption of demonstrative legacy

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 152 All 391 Sections of Indian Succession Act Section 154

Legal Commentary & Landmark Judgments: Section 153

Section 153 codifies the paramount statutory rule that a Demonstrative Legacy is not adeemed merely because the specified fund out of which it was directed to be paid ceased to exist.

  • Immunity from Ademption: A demonstrative legacy does not adeem if the fund or property out of which it was directed to be paid does not exist at the testator's death or is insufficient.
  • Fallback on General Estate: If the earmarked fund fails or is exhausted, the demonstrative legacy ranks as a general legacy and must be paid in full out of the general assets of the testator.
  • Hybrid Protective Privilege: Combines the priority of a specific legacy during the lifetime of the fund with the resilience of a general legacy upon the fund's disappearance.
Key Landmark Precedents:
  • Subramaniam v. Ramaswamy (1932) 34 BOMLR 1612: The Privy Council delivered the authoritative ruling on Section 153, holding that the distinguishing hallmark of a demonstrative legacy is its total statutory immunity from ademption.
  • Ranganathan Chettiar v. Periakaruppan Chettiar AIR 1957 SC 815: The Supreme Court recognized that courts favor construing monetary bequests as demonstrative rather than specific to save them from ademption under Section 153.
Courtroom Practice & Strategic Litigation Guidance:

If executors reject a client's legacy claiming the bank account mentioned in the will was closed before the testator's death, examine the will: if phrased as a sum payable out of that account ('Rs. 5 Lakhs out of my SBI account'), Section 153 compels payment out of general estate assets.

Section 152 All 391 Sections of Indian Succession Act Section 154