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Section 157: Inquiry as to whether property answering description is found

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 156 All 391 Sections of Indian Succession Act Section 158

Legal Commentary & Landmark Judgments: Section 157

Section 157 mandates the executor to make reasonable inquiry as to whether property answering the description of a specific bequest exists in the estate at the testator's death.

  • Executor's Duty of Inquiry: Where a will contains a specific bequest, the executor is legally obligated to conduct diligent inquiries to ascertain if property answering the description is among the assets.
  • Substantial Identity Standard: If property answering the description is found, even with minor variations in form or registration details, it must be delivered to the specific legatee.
  • Finding of Non-Existence: Only after exhaustive inquiry confirms the complete absence of the property can the executor treat the legacy as adeemed under Section 152.
Key Landmark Precedents:
  • Navneet Lal v. Gokul (1976) 1 SCC 630: The Supreme Court emphasized that testamentary fiduciaries must carry out genuine searches to identify assets answering testamentary descriptions before declaring bequests failed.
  • Subramaniam v. Ramaswamy (1932) 34 BOMLR 1612: Held that executors cannot hastily plead ademption without demonstrating an exhaustive forensic search for the bequeathed property.
Courtroom Practice & Strategic Litigation Guidance:

If an executor claims a specific bequest is adeemed because the bank name or share folio changed, counsel for the legatee should demand an inquiry under Section 157; a mere corporate amalgamation or folio renumbering does not constitute ademption.

Section 156 All 391 Sections of Indian Succession Act Section 158