Section 160: Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 160

Section 160 provides that a specific bequest of goods described as connected with a certain place is not adeemed merely by reason of their removal from that place.

  • Location-Linked Descriptions: Where goods are specifically bequeathed with reference to their location (e.g. 'all the furniture in my Calcutta house'), temporary or necessary removal does not work an ademption.
  • Temporary or Necessary Removal: Applies where goods were removed for repairs, temporary cleaning, safety from fire/flood, or without the testator's consent.
  • Permanent Removal Distinction: If the testator permanently and intentionally relocated the goods with the intention of severing their connection with that place, the legacy is adeemed.
Key Landmark Precedents:
  • Navneet Lal v. Gokul (1976) 1 SCC 630: The Supreme Court observed that accidental or temporary changes in physical location do not defeat testamentary intention where the identity of the chattel remains clear.
  • In re Johnston's Estate (1884) 26 Ch D 538: Followed in India: removal of goods for safety or repair does not destroy a location-based specific legacy under Section 160.
Courtroom Practice & Strategic Litigation Guidance:

If heirloom paintings bequeathed as 'hanging in my farmhouse' were stored in a bank vault for security during the testator's final illness, invoke Section 160 to defeat rival heirs' claims of ademption; temporary removal for safekeeping preserves the bequest.