Ademption where stock, specifically bequeathed, does not exist at testator’s death
Section 158 of the Indian Succession Act, 1925 deals with ademption where stock, specifically bequeathed, does not exist at testator’s death. Where stock which has been specifically bequeathed does not exist at the testator's death, the legacy is adeemed. The Act came into force on 30 Sep 1925.
Where stock which has been specifically bequeathed does not exist at the testator's death, the legacy is adeemed.
Illustration
A bequeaths to B--
"my capital stock of 1,000£ in East India Stock":
"my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan."
A sells the stock and the notes. The legacies are adeemed.
Section 158, The Indian Succession Act, 1925 (Act 39 of 1925).
Questions about Section 158
What does Section 158 of the Indian Succession Act deal with?
Section 158 of the Indian Succession Act is headed "Ademption where stock, specifically bequeathed, does not exist at testator’s death". Where stock which has been specifically bequeathed does not exist at the testator's death, the legacy is adeemed.
How do I find court cases under Section 158 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 158, section 158 Succession Act, section 158 of the Indian Succession Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 158 of the Indian Succession Act come into force?
Section 158 of the Indian Succession Act, cited as Succession Act 158, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.