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Section 155: Ademptionpro tanto by testator's receipt of part of entire thing specifically bequeathed

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 154 All 391 Sections of Indian Succession Act Section 156

Legal Commentary & Landmark Judgments: Section 155

Section 155 provides for partial ademption (ademption pro tanto) where the testator receives a part of an entire thing specifically bequeathed.

  • Ademption Pro Tanto: Where the testator receives a portion of an entire sum or debt specifically bequeathed, the legacy is adeemed to the extent of the portion received.
  • Survival of Remaining Balance: The specific legatee is entitled to receive the remaining unpaid balance of the debt or asset that remains uncollected at the testator's death.
  • Proportional Reduction: The legacy is not destroyed in its entirety; it shrinks in proportion to the partial realization executed by the testator.
Key Landmark Precedents:
  • Subramaniam v. Ramaswamy (1932) 34 BOMLR 1612: The Privy Council affirmed that Section 155 preserves the surviving portion of a specific debt, ensuring that partial collection by the testator only adeems the legacy pro tanto.
  • Ashburner v. Macguire (1786) 2 Bro CC 108: Recognized that partial satisfaction during lifetime works partial ademption, leaving the unrecovered residue validly vested in the legatee.
Courtroom Practice & Strategic Litigation Guidance:

In estate accountings, if a testator bequeathed a mortgage debt of Rs. 10 Lakhs and collected Rs. 4 Lakhs before death, counsel should cite Section 155 to claim the remaining Rs. 6 Lakhs for the specific legatee as an unadeemed specific bequest.

Section 154 All 391 Sections of Indian Succession Act Section 156