...including averments to the effect that the bequest made in favour of the plaintiff was not a specific legacy and it was a demonstrative legacy, to which the plaintiff filed a rejoinder denying the...was justified in holding that the legacy of 1500 shares in Food Specialities Ltd., made in favour of the plaintiff under the will of D.S Suraiya dated 13.09.1971 is a demonstrative legacy and not a specific legacy...Limited is also a specific legacy and on the contrary, the contention of the defendants is that it is a demonstrative legacy and not a specific legacy as contended by the plaintiff.9...

...analogusly by the learned Subordinate Judge, 6th Court, Alipore who by order No. 114 dismissed the said misc. cases holding inter alia that the legacy in question was not a specific legacy but demonstrative legacy and as...’ of S. 142 does not apply to this case of bequest and it is not a specific but a demonstrative legacy. It is a bequest of some money not necessarily part of the estate and not distinguished from all...the payment is to be made, the legacy is said to be demonstrative.Explanation:— The distinction between a specific and demonstrative legacy consists in this, that—where a...

...the assistance of the will. Before us this argument was amplified by the learned, counsel for the respondents, who also contended that the legacy was not specific but demonstrative and therefore..., it is quite clear that this must be regarded as a specific legacy and not a demonstrative legacy. A specific legacy is a legacy of that very thing. In the present cage the arrears of maintenance for...part. The legacy we s therefore a specific and not demonstrative. This being a specific legacy and the nature of the property having changed, the question arises whether it must be taken to have...

....Explanation. — The distinction batmen a specific legacy and a demonstrative legacy consists in this, that—where specified property is given to the legatee, the legacy is specific; where the...of rents arising from my taluk of Ramnagar”. This is a demonstrative legacy.6. In Williams on Executors (12th Edn.), Vol. 2, at p. 755 it is observed as follows:So a bequest of a rent cat of a term of years is specific. Thus where the testator bequeathed 401 a year to A for life, cat of his chattel estate at Kenn, and 102...construction in case of doubt, a legacy should be construed as demonstrative rather than specific. They also rely on the decisions in 13 Bom LR 3194 and 4 Ves 177.5 The true test to determine...

...the defendants, (except the defendant No. 16) is:(i) a specific legacy, or(ii) a general legacy, or(iii) a demonstrative legacy in the facts and circumstances...bequests of the said shares in the Food Specialities Limited, made under the will of the said Dharam Singh Suraiya deceased is a demonstrative legacy, whether such legacy and accretions thereto, if any, are liable to meet the general costs of administration by the executors at the first instance.(f) If the Hon'ble Court holds that the said bequest is a specific legacy...event whether any subsequent issue of right or bonus shares in respect of the shares holding in Food Specialities (P) Ltd., as stated above be treated as specific legacy.”4. The learned single Judge only answered question (a) on 7th August, 1984. The learned single Judge held that the bequest of shares in Food Specialities Private Limited was a demonstrative legacy. No other question was answered. This appeal was preferred on 30th August, 1984 and an...

...for determination of the question whether the bequest of shares in Food Specialities Pvt. Ltd. in favour of the defendants was a specific legacy or a general or demonstrative legacy in the facts and circumstances...were empowered to do the same. He further submitted that the legacy in favour of the respondents Nos. 1, 2 and 3 was not specific legacy but general or at the most demonstrative legacy, as a result...numbers; as a result they could not be distinguished from the entire stock of shares held by the deceased's estate so that could not be treated as specific legacy but as a part of demonstrative legacy or general legacy it was liable to abate. As a result the defendants were entitled to pro rata interest in the legacy subject to the availability of corpus. The bequest of 12,175 shares of Food Specialities Pvt. Ltd. did not tally with and/or...

...contended that where the testator directs that annuities should be paid from out of the rents and profits of a particular property of his, the legacy is demonstrative and not specific. I am of opinion that this contention of the learned Advocate General is well founded. Apart from the above English decision, there are provisions in oar Statute viz., the Indian Succession Act which defines a specific legacy and...in the shape of maintenance and annuities charged on a portion of the testator's estate fall within the category of demonstrative legacy and not of specific legacy, because the maintenance and...interpretation of the will it is found that the maintenance and annuity payable to the plaintiff was a specific legacy the plaintiff's suit would fail, but, if, on the other hand, the legacy is found to be a demonstrative legacy, the suit brought by the plaintiff would be a proper suit, and would...

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...demonstrative”.Explanation.— The distinction between a specific legacy and a demonstrative legacy consists in this, that—Where specified property is given to the legatee, the...the Indian Succession Act, which defines demonstrative legacy. The said section and the Explanation read thus:“150. Where a testator bequeaths a certain sum of money, or a...legacy is specific;Where the legacy is directed to be paid out of specified property, it is demonstrative”.18. In Robertson v. Broadbent, (1883) 8 AC...

...from the testator's death.” In the present case the legacy is a demonstrative legacy and has been directed to be paid out of certain specified property and the Probate and Administration Act, makes no specific provision...Probate and Administration Act, it is not open to the Courts in India to apply the provisions of the English Common Law. A demonstrative legacy partakes partly of the nature of a specific legacy and partly..., interest could not be equitably awarded as damages. Section 128 of the Probate and Administration Act prescribes that “the legatee of a specific legacy is entitled to the...

...of a general legacy, interest begins to run from the expiration of one year from the testator's death." In the present case the legacy is a demonstrative legacy and has been directed to be paid out of certain specified property and the Probate and Administration Act makes no specific provision...demonstrative legacy partakes partly of the nature of a specific legacy and partly of a general legacy and in legacies of both these kinds, provision is made either for payment of interest or for the...prescribes that "the legatee of a specific legacy is entitled to the clear produce thereof, if any from the testator's 'death," and Section 130 states that, "where no time has been fixed for the payment...

...the Will of the Testator to the appellants are specific legacies or demonstrative legacies? He drew our attention to Section 142 and 150 of the Indian Succession...disposed of by a judgment dated 7th August, 1984 holding that the legacies were demonstrative in nature and not specific legacies. The petitioners preferred an appeal against the said...clear that if the legacy is held to be demonstrative legacy in that case the petitioners would be entitled to only 250 shares each. However, if it is decided that the legacies are specific legacies...

...granddaughter Florence Elder.” These legacies are demonstrative legacies, and the question is as to whether any interest is payable Upon these legacies. The Succession Act, section...inasmuch as there is no specific provision for payment of interest for demonstrative legacies, no interest was payable he this case. It has however, been held in the case of...Chinnam Rajamannar v. Tadikonda Ramachendra Rao, that the law in England relating to interest on a demonstrative legacy is applicable to sections...

...the legacies were specific and not demonstrative legacies, and therefore she was entitled to the mesne profits of the lands from the date of the death of the testator till the sale of the lands by the...:“A bequeaths to B Rs. 10,000 and directs that this legacy shall be paid as soon as A's property in India shall be realized in England. The legacy is not specific.”6. The case of.... It is further urged on behalf of the appellant that if these legacies are demonstrative legacies and not specific legacies she is entitled to interest under...

...the produce of a specific legacy and sections 130 and 131 entitle legatees to interest on general legacies. The absence of a distinct provision in regard to the payment of interest on demonstrative legacies...ordinary and comprehensive sense of profit, gain or income as opposed to the corpus yielding the same.The next point is as to the amount due to the plaintiffs in respect of the legacy...The will and the codicils upon the construction of which the questions raised in this case depend are not very felicitously drawn, and the number of codicils which have succeeded each...

...administering the estate and is defendant 1. The matter for decision is whether a gift in favour of the plaintiff of a sum of Rs. 12,000 was specific or demonstrative, and if specific, whether it has been.... 12,000 in favour of the plaintiff was specific and that it was to be paid out of the fixed deposit with the Indian Bank; as there was no such fund at the date of the deceased's death, the legacy has...been a deemed and must fail. On the other hand, on behalf of the plaintiff it is contended the legacy was demonstrative and whilst the legacy was primarily to be paid out of the fund with the Indian...

...to his aid. That section deals however with conversion of properly charged with a demonstrative legacy when there will be no ademption of the legacy and can have no relevance in this case where the legacies are all specific. It...The Judgment of the Court was delivered byVaradaraja Iyengar, J.:— These two connected appeals arise respectively from a suit for declaration and injunction, O.S 34 of 1124...and a petition for letters of administration, M.P 6 of 1124, both on the file of the Trichur District Court. The suit and the petition were more or less in the nature of cross proceedings concerned...

.... It appears that the specific property sought to be recovered is specific moveable property, and came into the possession of Chunder Moni Shaha, the first defendant, in the year 1871, under an order...contended that Article 123, which provides twelve years for the receiving of a legacy is applicable, because this specific property was originally bequeathed to the plaintiff's vendor under a will.... But the answer to this argument is, that the property to which this suit relates is not sought to be recovered as a legacy, but as property which belongs to the plaintiff, and has been unlawfully...

...death of Satyawati, which means son and four daughters together will be “the legal heirs of the testator”. Sections 119 and 111 read as follows:“119. Date of vesting of legacy when...legacy, and in such cases the legacy is from the testator's death said to be vested in interest.Explanation.—An intention that a legacy to any person shall not become...death the legacy becomes vested in interest in B, and if he dies before C, his representatives are entitled to the legacy.(ii) A bequeaths to B 100 rupees, to be paid to him...

...19 of the Limitation Act, there has to be specific pleading and proof in the suit. Plaintiffs have neither pleaded any ground for claiming benefit under Section 19 nor proved the same in the suit...provisions contained in the Act, 1993 as because the Act of 1993 is having overriding effect over the Limitation Act and all other Acts.”14. There being no specific pleading by the...Ashok Bhushan, J.:— These review petitions have been filed against the common judgment dated 23.01.2019 passed in Civil Appeal Nos. 8442-8443 of 2016, Civil Appeal No. 8450 of 2016 and...