Sections 152-156 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A will can name a ring, a debt or a bundle of shares, and by the time the testator dies the item may be gone, spent or converted. Chapter XVI of Part VI calls this ademption. Sections 152 to 156 explain what it is, why a demonstrative legacy escapes it, and how it works when the testator receives only part of what he left.
As per the text of the Act consulted, if anything specifically bequeathed does not belong to the testator at his death, or has been converted into property of a different kind, the legacy is adeemed: it cannot take effect, because the subject-matter has been withdrawn from the operation of the will (s.152). A demonstrative legacy is not adeemed and is paid out of the general assets (s.153). Where the thing bequeathed is a right to receive something from a third party and the testator himself receives it, the bequest is adeemed (s.154). Receipt of part adeems the legacy only to the extent received (ss.155, 156).
Section 152: ademption explained
Section 152 defines the word. If anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is adeemed. The section adds the meaning: it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will.
Only a specific legacy can be adeemed, because only a specific legacy attaches to a particular thing; see our article on section 142. The legatee's right depends on the thing still being the testator's property, in the same kind, when he dies.
The Act's illustrations, retold:
- A bequeaths to B a diamond ring presented by C, a gold chain, a bale of wool, a piece of cloth, and all his household goods in or about his dwelling-house in a named street in Calcutta at the time of death. In his lifetime A sells or gives away the ring, converts the chain into a cup, converts the wool into cloth, makes the cloth into a garment, and takes another house into which he removes all his goods. Each of these legacies is adeemed.
- A bequeaths to B 1,000 rupees in a certain chest and all the horses in his stable. At A's death no money is found in the chest and no horses in the stable. The legacies are adeemed.
- A bequeaths to B certain bales of goods. A takes the goods on a voyage; the ship and goods are lost at sea and A is drowned. The legacy is adeemed.
If you are an executor and a specifically bequeathed item has gone missing, a legal consultation before telling the legatee anything is a sensible step, because the sections after 156 set exceptions where the legacy is not adeemed.
Section 153: a demonstrative legacy is not adeemed
A demonstrative legacy is not adeemed by reason that the property on which it is charged by the will does not exist at the time of the death of the testator, or has been converted into property of a different kind. In such a case it is paid out of the general assets of the testator. The section prints no illustration. This is the practical reason to know the difference between the two kinds; see our article on sections 150 and 151.
Section 154: a right to receive something from a third party
Where the thing specifically bequeathed is the right to receive something of value from a third party, and the testator himself receives it, the bequest is adeemed. The Act's illustrations:
- A bequeaths to B the debt which C owes him; 2,000 rupees which he has in the hands of D; the money due on the bond of E; his mortgage on the Rampur factory. All these debts are extinguished in A's lifetime, some with and some without his consent. All the legacies are adeemed.
- A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the policies. The legacy is adeemed.
Sections 155 and 156: receipt of a part
Section 155 provides that the receipt by the testator of a part of an entire thing specifically bequeathed operates as an ademption of the legacy to the extent of the sum so received. Illustration: A bequeaths to B the debt due to him by C, which is 10,000 rupees. C pays A 5,000 rupees, one-half of the debt. The legacy is revoked by ademption so far as regards the 5,000 rupees received.
Section 156 deals with a portion of an entire fund or stock that is specifically bequeathed. The receipt by the testator of a portion of the fund or stock operates as an ademption only to the extent of the amount so received, and the residue of the fund or stock is 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. In his lifetime A receives 6,000 rupees, part of the 10,000. The 4,000 rupees due from W to A at the time of his death belong to B under the specific bequest.
The copy prints "to b" in lower case in that illustration; it is a printing slip.
Comparing sections 155 and 156
| Point | Section 155 | Section 156 |
|---|---|---|
| What is bequeathed | An entire thing (the whole debt) | A portion of a fund or stock (one-half of a sum) |
| What the testator receives | A part of the whole | A portion of the fund |
| Effect | Ademption to the extent of the sum received | Ademption only to the extent received; the residue goes to the legatee |
| Act's figures | Debt of 10,000 rupees; 5,000 received; ademption to that extent | One-half of 10,000 rupees; 6,000 received; the 4,000 left belongs to B |
Section 156's illustration repays a second look. B was to have one-half of the 10,000 rupees due, that is 5,000 rupees. A received 6,000 rupees and 4,000 rupees remained due. The Act says the whole 4,000 belongs to B. The text of the illustration prints that result; it does not set out the working, and this article does not add any.
Examples with invented names
Item sold. Dolly's will gives "my emerald pendant" to her niece Esha. Dolly sells the pendant for cash a year before she dies. Under section 152 the legacy is adeemed; Esha does not receive the cash.
Debt repaid. Faisal's will gives "the loan of 2 lakh rupees I made to Gaurav" to his sister. Gaurav repays the loan in full while Faisal is alive. Under section 154 the bequest is adeemed.
Part repaid. The same loan is repaid in part: Gaurav pays back 80,000 rupees. Under section 155 the bequest is adeemed to the extent of 80,000 rupees.
Demonstrative. Hena's will gives 1 lakh rupees to her cousin "out of the fixed deposit in the post office". Hena closes the deposit and spends the money. Under section 153 the legacy is not adeemed and is paid out of the general assets.
Where the sections apply
Schedule III lists sections 152 to 156 among the sections of Part VI that section 57 applies to the wills and codicils of Hindus, Buddhists, Sikhs and Jainas described there. Section 58 as printed says Part VI does not apply to the testamentary succession to the property of any Muhammadan. See our article on wills of Hindus, Buddhists, Sikhs and Jainas and Schedule III. The next articles in this series, on sections 157 to 161 and sections 162 to 166, cover the cases where the Act says there is no ademption.
The print consulted shows amendments only up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); check for later amendments.
Need help with a missing or changed legacy?
If a specifically bequeathed item has been sold, repaid or replaced, the effect on the gift depends on the exact words of the will and on the later sections. You can begin with a legal consultation.
Key takeaways
- A specific legacy is adeemed if the thing is no longer the testator's at death or has become a different kind of property (s.152).
- A demonstrative legacy is not adeemed; it is paid out of the general assets (s.153).
- If the testator himself receives what a third party owed, the bequest of the right is adeemed (s.154).
- Receipt of part adeems the legacy only to the extent received (ss.155, 156).
Read next
- Sections 150 and 151: demonstrative legacy
- Sections 157 to 161: ademption of stock and of goods described by place
- Sections 162 to 166: when a change in the thing bequeathed is not ademption
- Short form of will: drafting and requirements
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.