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Indian Succession Act, 1925 · Chapter XVI: Of Ademption of Legacies

Section 158: Ademption where stock, specifically bequeathed, does not exist at testator’s death

Where stock which has been specifically bequeathed does not exist at the testator's death, the legacy is adeemed.

Illustration

A bequeaths to B—

"my capital stock of 1,000£ in East India Stock":

"my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan."

A sells the stock and the notes. The legacies are adeemed.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 158

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