Section 156 Succession Act: Ademptionpro tanto by testator's receipt of portion of entire fund of which portion has been specically bequeathed

Section 156 of Indian Succession Act: Testamentary & Estate Administration Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received;

and the residue of the fund or stock shall be applicable to the discharge of the specific legacy.

Illustration:

A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. A in his lifetime receives 6,000 rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to A at the time of his death belong to B under the specific bequest.

157. Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies.-

Where a portion of a fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator receives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator.

Illustration:

A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. A afterwards receives 1[500] rupees, part of that debt, and dies leaving only 1,500 rupees due to him from W.

Of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator.

Legal Commentary & Landmark Judgments: Section 156

Section 156 governs ademption pro tanto where a portion of an entire fund has been specifically bequeathed and the testator receives part of that entire fund.

Receipt from Entire Fund: Where a portion of an entire fund is specifically bequeathed, and the testator receives a part of the entire fund, the bequest is adeemed pro tanto only if the remaining fund is insufficient.
Exhaustion Priority: The testator is presumed to have drawn from his own un-bequeathed portion of the fund first, preserving the specifically bequeathed portion so long as sufficient funds remain.
Deficiency Apportionment: Only if the testator's withdrawal depletes the fund below the specifically bequeathed sum does an ademption pro tanto occur for the deficiency.

Key Landmark Precedents:

Subramaniam v. Ramaswamy (1932) 34 BOMLR 1612: The Privy Council recognized that under Section 156, the law presumes the testator drew his own unallocated share first to protect the legatee's specific allocation.
Ranganathan Chettiar v. Periakaruppan Chettiar AIR 1957 SC 815: Affirmed that specific apportionments from bank funds are preserved against ademption to the maximum extent of the surviving balance.

Courtroom Practice & Strategic Litigation Guidance:

If a testator had Rs. 20 Lakhs in an account, bequeathed Rs. 5 Lakhs out of it to X, and later withdrew Rs. 10 Lakhs, the surviving balance of Rs. 10 Lakhs fully covers X's bequest; Section 156 ensures X receives his full Rs. 5 Lakhs without ademption.

Section 156: Ademptionpro tanto by testator's receipt of portion of entire fund of which portion has been specically bequeathed

Section 156 of Indian Succession Act: Testamentary & Estate Administration Procedure

Legal Commentary & Landmark Judgments: Section 156