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119

Date of vesting of legacy when payment or possession postponed

120

Date of vesting when legacy contingent upon specified uncertain event

121

Vesting of interest in bequest to such members of a class as shall have attained particular age







Chapter IX

Of Onerous Bequests







122

Onerous bequests

123

One of two separate and independent bequests to same person may be accepted, and other refused







Chapter X

Of Contingent Bequests







124

Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence

125

Bequest to such of certain persons as shall be surviving at some period not specified







Chapter XI

Of Conditional Bequests







126

Bequest upon impossible condition

127

Bequest upon illegal or immoral condition

128

Fulfillment of condition precedence to vesting of legacy

129

Bequest to A and on failure of prior bequest to B

130

When second bequest not to take effect on failure of first

131

Bequest over conditional upon happening or not happening of specified uncertain event

132

Condition must be strictly fulfilled

133

Original bequest not affected by invalidity of second

134

Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen

135

Such condition must not be invalid under section 120

136

Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over

137

Performance of condition, precedent or subsequent, within specified time Further time in case of fraud







Chapter XII

Of Bequests with Directions as to Application or Enjoyment








138

Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person

139

Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee

140

Bequest of fund for certain purposes, some of which cannot be fulfilled







Chapter XIII

Of Bequests to an Executor








141

Legatee named as executor cannot take unless he shows intention to act as executor







Chapter XIV

Of Specific Legacies








142

Specific legacy defined

143

Bequest of certain sum where stocks, etc, in which invested are described

144

Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind

145

Bequest of money where not payable until part of testator’s property disposed of in certain way

146

When enumerated articles not deemed specifically bequeathed

147

Retention, in form, of specific bequest to several persons in succession

148

Sale and investment of proceeds of property bequeathed to two or more persons in succession

149

Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies







Chapter XV

Of Demonstrative Legacies







150

Demonstrative legacy defined

151

Order of payment when legacy directed to be paid out of fund the subject of specific legacy







Chapter XVI

Of Ademption of Legacies








152

Ademption explained

153

Non-ademption of demonstrative legacy

154

Ademption of specific bequest of right to receive something from third party

155

Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed

156

Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specifically bequeathed

157

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

158

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

159

Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator’s death

160

Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal

161

When removal of thing bequeathed does not constitute ademption

162

When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it

163

Change by operation of law of subject of specific bequest between date of will and testator’s death

164

Change of subject without testator’s knowledge

165

Stock specifically bequeathed lent to third party on condition that it be replaced

166

Stock specifically bequeathed sold but replaced, and belonging to testator at his death







Chapter XVII

Of the Payment of liabilities in respect of the Subject of a Bequest








167

Non-liability of executor to exonerate specific legatees

168

Completion of testator’s title to things bequeathed to be at cost of his estate

169

Exoneration of legatee’s immovable property for which land-revenue or rent payable periodically

170

Exoneration of specific legatee’s stock in joint stock company







Chapter XVIII

of Bequests of things described in General Terms







171

Bequest of things described in general terms







Chapter XIX

Of Bequest of the Interest or Produce of a Fund








172

Bequest of interest or produce of a fund







Chapter XX

Of Bequests of Annuities








173

Annuity created by will payable for life only unless contrary intention appears by will

174

Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity

175

Abatement of annuity

176

Where gift of annuity and residuary gift, whole annuity to be first satisfied







Chapter XXI

Of Legacies to Creditors and Portioners








177

Creditor prima facie entitled to legacy as well as debt

178

Child prima facie entitled to legacy as well as portion

179

No ademption by subsequent provision for legatee







Chapter XXII

Of Election








180

Circumstances in which election takes place

181

Devolution of interest relinquished by owner

182

Testator’s belief as to his ownership immaterial

183

Bequest for man’s benefit how regarded for purpose of election

184

Person deriving benefit indirectly not put to election

185

Person taking in individual capacity under will may in other character elect to take in opposition

186

Exceptions to provisions of last six sections

187

When acceptance of benefit given by will constitutes election to take under will

188

Circumstances in which knowledge or waiver is presumed or inferred

189

When testator’s representatives may call upon legatee to elect

190

Postponement of election in case of disability







Chapter XXIII

Of Gifts in Contemplation of Death








191

Property transferable by gift made in contemplation of death







PART VII

PROTECTION OF PROPERTY OF DECEASED








192

Person claiming right by succession to property of deceased may appply for relief against wrongful possession

193

Inquiry made by Judge

194

Procedure

195

Appointment of curator pending determination of proceeding

196

Powers conferrable on curator

197

Prohibition of exercise of certain powers by curators Payment of debts, etc, to curators

198

Curator to give security and may receive remuneration

199

Report from Collector where estate includes revenue-paying land

200

Institution and defence of suits

201

Allowances to apparent owners pending custody by curator

202

Accounts, to be filed by curator

203

Inspection of accounts and right of interested party to keep duplicate

204

Bar to appointment of second curator for same property

205

Limitation of time for application for curator

206

Bar to enforcement of Part against public settlement or legal directions by deceased

207

Court of Wards to be made curator in case of minors having property subject to its jurisdiction

208

Saving of right to bring suit

209

Effect of decision of summary proceeding

210

Appointment of public curators







PART VIII

REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION







211

Character and property of executor or administrator as such

212

Right to intestate’s Property

213

Right as executor or legatee when established

214

Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons

215

Effect on certificate of subsequent probate or letters of administration

216

Grantee of probate or administration alone to sue, etc, until same revoked







PART IX

PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED







217

Application of Part







Chapter I

Of Grant of Probate and Letters of Administration








218

To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person

219

Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person

220

Effect of letters of administration

221

Acts not validated by administration

222

Probate only to appointed executor

223

Persons to whom probate cannot be granted

224

Grant of probate to several executors simultaneously or at different times

225

Separate probate of codicil discovered after grant of probate

226

Accrual of representation to surviving executor

227

Effect of probate

228

Administration, with copy annexed, of authenticated copy of will proved abroad

229

Grant of administration where executor has not renounced

230

Form and effect of renunciation of executorship

231

Procedure where executor renounces or fails to accept within time limited

232

Grant of administration of universal or residuary legatees

233

Right to administration of representative of deceased residuary legatees

234

Grant of administration where no executor, nor residuary legatee, nor representative of such legatee

235

Citation before grant of administration to legatee other than universal or residuary

236

To whom administration may not be granted

236A

Laying of rules before State Legislature







Chapter II

Of Limited Grants









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