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Section 159: Ademptionpro tanto where stock, specifically bequeathed, exists in part only at testator's death

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 158 All 391 Sections of Indian Succession Act Section 160

Legal Commentary & Landmark Judgments: Section 159

Section 159 regulates ademption pro tanto where stock specifically bequeathed exists in part only at the testator's death.

  • Partial Existence of Specific Stock: Where stock specifically bequeathed exists in part only at the testator's death, the legacy is adeemed pro tanto to the extent of the missing shares.
  • Delivery of Surviving Shares: The legatee is entitled to receive so much of the specifically bequeathed stock as actually exists in the estate at the time of death.
  • Extinguishment of Balance: The legatee has no claim for monetary compensation in respect of the shortfall.
Key Landmark Precedents:
  • Ashburner v. Macguire (1786) 2 Bro CC 108: Applied under Section 159 to confirm that partial sale of specific stock by the testator works a proportional ademption, leaving the surviving holding validly transmissible.
  • Subramaniam v. Ramaswamy (1932) 34 BOMLR 1612: Affirmed that legatees are entitled to immediate transfer of whatever fractional balance of specific stock survives in the estate.
Courtroom Practice & Strategic Litigation Guidance:

Where a testator bequeathed 'my 1,000 shares in TCS' and sold 400 shares before death, counsel should file for an immediate delivery order under Section 159 for the remaining 600 shares, as their title vests without question.

Section 158 All 391 Sections of Indian Succession Act Section 160