Vidhara

The Indian Succession Act, 1925

§157Order of payment where portion of fund specifically bequeathed to one legatee,

Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies.-Where a portion of a fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator receives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. A afterwards receives 1*[500] rupees, part of that debt, and dies leaving only 1,500 rupees due to him from W. Of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator.

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Source & version

Official text: India Code (official)

Official India Code text: The Indian Succession Act, 1925, English PDF (bitstream 123456789/19051/1/indian_succession_act_1925.pdf, 694,325 bytes, sha256 07fb374ab81026e8...) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-08-03. This PDF brackets its footnotes with drawn rules and renders superscript markers inline ("1*50. General principles…"), both of which are handled at ingest (D-062). Section 52 is absent because this edition does not print it — its own footnote records sections 50 to 56 being substituted by Act 17 of 1939. Extracted via pdftotext 26.07 -bbox and the @nexlex/ingest inline parser. Automated parse; footnotes and amendment history excluded. Spot-verified against the PDF; full clause-level proofread pending.

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