Sections 177-179 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.
Suppose a testator owes money to someone and then leaves that person a legacy. Is the legacy a way of paying the debt, or an extra gift? Suppose a father promised by contract to provide a portion for his daughter and then leaves her a legacy. Chapter XXI of Part VI answers both questions, and then adds a rule about gifts made after the will.
As per the text of the Act consulted: where a debtor bequeaths a legacy to his creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor is entitled to the legacy as well as the debt (s.177). Where a parent who is under a contractual obligation to provide a portion for a child fails to do so and afterwards bequeaths a legacy to the child, without intimating that it is meant as satisfaction of the portion, the child is entitled to the legacy as well as the portion (s.178). No bequest is wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee (s.179).
Section 177: a creditor and a legacy
Section 177 says that where a debtor bequeaths a legacy to his creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy, as well as to the amount of the debt. The marginal heading in the copy reads "Creditor prima facie entitled to legacy as well as debt".
The rule starts from the position that the legacy is a gift and the debt remains a debt. For the legacy to count as payment, the will must show that this is what the testator meant. The section prints no illustration. The word "appear" points to the will itself: the section asks what the will shows.
For how the estate pays debts in the course of administration, see our article on the order of payment of debts of the deceased. If a creditor is named in a will and you need to know whether the legacy and the debt are both payable, a legal consultation helps to read the clause.
Section 178: a child and a promised portion
Section 178 provides that where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy, as well as the portion.
The Act's illustration: A, by articles entered into in contemplation of his marriage with B, covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken, A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions.
Note the conditions the section sets:
- The parent is under an obligation by contract to provide the portion.
- He fails to do so.
- He afterwards bequeaths a legacy to the child.
- The will does not intimate that the legacy is meant as satisfaction of the portion.
All four together give the child both. The text of the section is about a contractual obligation; it does not speak of any other kind of promise.
Section 179: no ademption by a later provision
Section 179 provides that no bequest shall be wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee. The Act's illustrations:
- A bequeaths 20,000 rupees to his son B. He afterwards gives to B the sum of 20,000 rupees. The legacy is not thereby adeemed.
- A bequeaths 40,000 rupees to B, his orphan niece whom he had brought up from her infancy. Afterwards, on the occasion of B's marriage, A settles upon her the sum of 30,000 rupees. The legacy is not thereby diminished.
This section closes the chapter on ademption in a particular way. In sections 152 to 156 a specific legacy can be adeemed if the thing is gone; section 179 says that a later gift to the legatee does not, by itself, cancel or reduce a legacy; see our article on ademption of a specific legacy. The legatee takes the legacy and the later gift.
The three sections together
| Section | Who | What the legatee gets | Condition for the contrary |
|---|---|---|---|
| 177 | A creditor of the testator | The legacy and the debt | It appears from the will that the legacy is meant as satisfaction of the debt |
| 178 | A child to whom the parent contracted to provide a portion | The legacy and the portion | The will intimates that the legacy is meant as satisfaction of the portion |
| 179 | A legatee who later receives a provision by settlement or otherwise | The legacy undiminished | None stated in the section |
Examples with invented names
Section 177. Yogesh owes his friend Zakir 2 lakh rupees. His will gives Zakir 1 lakh rupees and says nothing about the debt. Zakir is entitled to the legacy and to the debt.
Section 177, satisfaction shown. If the will says "I give Zakir 2 lakh rupees in full discharge of what I owe him", it appears from the will that the legacy is meant as satisfaction of the debt, and section 177 does not give Zakir both.
Section 178. Amrita's father agreed by a written contract to give her 5 lakh rupees on her marriage but never did. His will leaves her 5 lakh rupees and says nothing about the contract. Under section 178 she is entitled to the legacy and to the portion.
Section 179. A grandfather's will leaves his granddaughter 1 lakh rupees. Years later he gives her 40,000 rupees as a wedding gift. Following illustration (ii), the legacy is not thereby diminished.
Related rules on debts and legacies
The Act's rules on the executor's payment of debts and legacies appear in Part IX. For the abatement of legacies when assets are short, see our article on abatement of legacies.
Where the sections apply
Schedule III lists sections 177 to 179 among the sections of Part VI that section 57 applies to the wills and codicils of Hindus, Buddhists, Sikhs and Jainas described there. Restriction 1 of the Schedule adds that nothing in the listed sections authorises a testator to deprive any person of any right of maintenance of which, but for the application of these sections, he could not deprive them by will. 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 print consulted shows amendments only up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); check for later amendments.
Need help with a legacy to a creditor or child?
If a will leaves a legacy to someone the testator owed money to, or to a child who was promised a portion, the executor must decide whether one or both are due. You can begin with a legal consultation.
Key takeaways
- A creditor who receives a legacy is entitled to the legacy and the debt, unless the will shows the legacy is meant as satisfaction of the debt (s.177).
- A child promised a portion by contract who receives a legacy is entitled to both, unless the will intimates satisfaction (s.178).
- A later provision by settlement or otherwise does not adeem a bequest wholly or partly (s.179).
Read next
- Sections 173 to 176: annuities created by a will
- Sections 180 to 183: doctrine of election under a will
- Sections 152 to 156: ademption of a specific legacy
- Sections 319 to 325: collecting the estate and order of payment of debts
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.