A bequeaths to B Rs.60,000/- to be paid out of the debt due to him from C. A in his lifetime receive Rs. 40,000/- and the remaining Rs. 20,000/- are due to A at the time of his death. What are the rights of B?

1. Whether bequeath of Rs. 60000/- by A to B valid? YES

2. Whether B is entitled to the balance of Rs. 20000/-? YES

Section 155 and 156 of the Indian Succession Act, 1925

This problem is related to the Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed. Ademption is taking away of a legacy which was before bequeathed. Strictly speaking, ademption is applicable only to specific legacies. The word ademption is considered as synonymous with the word extinction.

Ademption is defined to be a failure of a specific bequest or devise through its subject not being in existence in specie at the time of the testator's death as a part of his estate, or in other words, the subject matter of bequest ceases to exist as on the date of the death of the testator. Consequently the bequest fails. It is well settled that the legacy has to be specific to fall within ademption.

According to Section 155 if the testator, instead of entire amount of property has received only a part, the legacy is adeemed to that extent.

Illustration: A bequeaths Rs. 10,000/- debt to be received form C to B. A receives only Rs. 5,000/-. The legacy is adeemed so far as it concerns Rs. 5,000/-.

According to Section 156 if a portion of an entire fund or stock bequeathed is received by the Testator, the fund or stock operates as an ademption only to the extent amount received and residue of the fund or stock shall be applicable to the discharge of the specific legacy.

Illustration: A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. A in his lifetime receives 6,000 rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to A at the time of his death belong to B under the specific bequest.

Conclusion:

In the instant problem, the remaining fund will first go towards the payment of the specific legacy. The shorfall of the amount specifically bequeathed, the specific legacy will be pro tanto adeemed and hence B, the specific legatee is entitled to the balance of Rs. 20000/-.