Home  /  Indian Succession Act  /  Section 164

Section 164: Change of subject without testator's knowledge

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 163 All 391 Sections of Indian Succession Act Section 165

Legal Commentary & Landmark Judgments: Section 164

Section 164 establishes that where the subject-matter of a specific bequest is changed without the knowledge or sanction of the testator, the legacy is not adeemed.

  • Unauthorized Conversion: Where the subject of a specific bequest is sold, exchanged, or converted into another property without the knowledge or consent of the testator (e.g. by a fraudulent agent or power of attorney holder), the bequest does not adeem.
  • Right to Traced Proceeds: The legatee is entitled to the substituted property or to the sale proceeds resulting from the unauthorized transaction.
  • Protection Against Fraud: Prevents unscrupulous managers or attorneys from defeating testamentary bequests by unauthorizedly liquidating the testator's assets during his illness or dementia.
Key Landmark Precedents:
  • Jenkins v. Jones (1866) LR 2 Eq 323: Followed under Section 164: a conversion effected by an agent without the knowledge or authorization of the principal cannot work an ademption of a specific legacy.
  • S.P. Chengalvaraya Naidu v. Jagannath (1994) 1 SCC 1: The Supreme Court's fundamental rule that fraud cannot prejudice legal rights applies directly to protect legatees under Section 164.
Courtroom Practice & Strategic Litigation Guidance:

Where a caretaker or estranged relative holding a power of attorney sold the testator's specifically bequeathed property while the testator was comatose or suffering from dementia, counsel must invoke Section 164 to claim the entire sale proceeds for the legatee.

Section 163 All 391 Sections of Indian Succession Act Section 165