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Section 138: Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.

The Indian Succession Act, 1925Central Act · Act 39 of 1925

Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction.

Illustration

A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A, or to place A in any business. A choses to receive the legacy in money. He is entitled to do so.

Where this provision sits

ActThe Indian Succession Act, 1925
Section138
Marginal noteDirection that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.
JurisdictionCentral
StatusIn force as published by the source

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