Section 163: Change by operation of law of subject of specific bequest between date of will and testator's death

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 163

Section 163 provides that where the subject-matter of a specific bequest is changed by operation of law between the date of the will and the testator's death, the legacy is not adeemed.

  • Change by Operation of Law: Where the specifically bequeathed asset undergoes a change of form or character strictly by operation of law (e.g. corporate amalgamation, statutory land consolidation, or debenture conversion), the bequest does not adeem.
  • Substitution of New Asset: The legatee is entitled to receive the new property, shares, or compensation into which the original asset was statutorily converted.
  • Involuntary Conversion Standard: The protection applies because the conversion was involuntary and not an act of alienation by the testator.
Key Landmark Precedents:
  • In re Slater (1907) 1 Ch 665: The Court of Appeal established the principle codified in Section 163: where shares are converted into new stock by statutory amalgamation without the testator's intervention, the new stock passes to the legatee.
  • Subramaniam v. Ramaswamy (1932) 34 BOMLR 1612: The Privy Council recognized that statutory transitions of corporate or real estate title do not extinguish specific legacies.
Courtroom Practice & Strategic Litigation Guidance:

If a testator bequeathed shares in a bank that was subsequently merged under an RBI/government scheme into another bank, cite Section 163; the legatee is entitled to the substituted shares in the merged entity without ademption.