Specific Legacies: Sections 142 -149 | Family Law - CLAT PG PDF Download

Specific Legacy Defined

A specific legacy refers to a bequest where a testator leaves a distinct part of their property to a person, clearly distinguished from the rest of the property.

Illustrations:

• A bequeaths to B: "the diamond ring presented to me by C."
• "my gold chain."
• "a certain bale of wool."
• "a certain piece of cloth."

Bequest of Certain Sum Where Stocks, etc., in Which Invested Are Described

When a specific sum is bequeathed, the legacy is not considered specific solely because the stock, funds, or securities in which it is invested are detailed in the will.

Illustration: A bequeaths to B:

• "10,000 rupees of my funded property."
• "10,000 rupees of my property now invested in shares of the East Indian Railway Company."
• "10,000 rupees, at present secured by mortgage of Rampur factory."

None of these legacies are specific.

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Bequest of Stock Where Testator Had, at Date of Will, Equal or Greater Amount of Stock of Same Kind

When a general bequest is made for a certain amount of stock, the legacy is not specific merely because the testator possessed an equal or greater amount of the specified stock at the time of making the will.

Illustration: A bequeaths to B 5,000 rupees in five percent Government securities. If A had at the time of the will five percent Government securities amounting to 5,000 rupees, the legacy is not specific.

Bequest of Money and Specific Legacies

Bequest of Money: Postponement and Specificity

• A money legacy is not considered specific just because the will specifies a postponement in its payment until a certain action is taken regarding the testator's property.
• Illustration: If A bequeaths 10,000 rupees to B, with the condition that the payment will be made once A's property in India is realized in England, the legacy remains nonspecific.

146. Enumerated Articles and Specific Bequests

• When a will includes a bequest of the residue of the testator's property along with a list of certain items not previously bequeathed, the listed items are not considered specifically bequeathed.

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

Where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing.

Illustrations:

• (i) A, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has bequeathed the lease to B for his life, and after B's death to C. B is to enjoy the property as A left it, although, if B lives for fifteen years, C can take nothing under the bequest.
• (ii) A, having an annuity during the life of B, bequeaths it to C, for his life, and, after C's death, to D. C is to enjoy the annuity as A left it, although, if B dies before D, D can take nothing under the bequest.

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

Where property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will.

Illustration:

A, having a lease for a term of years, bequeaths all his property to B for life, and, after B's death, to C. The lease must be sold, the proceeds invested as stated in this section and the annual income arising from the fund is to be paid to B for life. At B's death the capital of the fund is to be paid to C.