155. Ademptionpro tanto by testator’s receipt of part of entire thing specifically bequeathed.—
The receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an
ademption of the legacy to the extent of the sum so received.
Illustration
A bequeaths to B “the debt due to me by C”. The debt amounts to 10,000 rupees. C pays to A 5,000 rupees the
one-half of the debt. The legacy is revoked by ademption, so far as regards the 5,000 rupees received by A.
156. Ademptionpro tanto by testator’s receipt of portion of entire fund of which portion has
been specically bequeathed.—If a portion of an entire fund or stock is specifically bequeathed, the
receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of
the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the
specific legacy.
Illustration
A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. A in his lifetime receives 6,000
rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to A at the time of his death belong to B
under the specific bequest.
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.—Where a portion of a fund is specifically bequeathed to one legatee,
and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator receives a
portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the
demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be
applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative
legacy shall be paid out of the general assets of the testator.
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Illustration
A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to C
1,000 rupees to be paid out of the debt due to him from W. A afterwards receives 1[500] rupees, part of that debt,
and dies leaving only 1,500 rupees due to him from W. Of these 1,500 rupees, 1,000 rupees belong to B, and 500
rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator.
158. 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.
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.
159. Ademptionpro tanto where stock, specifically bequeathed, exists in part only at testator's
death.—Where stock which has been specifically bequeathed exists only in part at the testator's death, the
legacy is adeemed so far as regards that part of the stock which has ceased to exist.
Illustration
A bequeaths to B his 10,000 rupees in the 5 1/2 per cent. loan of the Central Government. A sells one-half of his
10,000 rupees in the loan in question. One-half of the legacy is adeemed.
160. Non-ademption of specific bequest of goods described as connected with certain place, by
reason of removal.—A specific bequest of goods under a description connecting them with a certain
place is not adeemed by reason that they have been removed from such place from anytemporary cause,
or by fraud, or without the knowledge or sanction of the testator.
Illustrations
(i) A bequeaths to B “all my households goods which shall be in or about my dwelling-house in Calcutta at the
time of my death”. The goods are removed from the house to save them from fire. A dies before they arc brought
back.
(ii) A bequeaths to B “all my household goods which shall be in or about my dwelling-house in Calcutta at the
time of my death”. During A's absence upon a journey, the whole of the goods are removed from the house. A dies
without having sanctioned their removal.
Neither of these legacies is adeemed.
161. When removal of thing bequeathed does not constitute ademption.—The removal of
thething bequeathed from the place in which it is stated in the will to be situated does not constitute an
ademption, where the place is only referred to in order to complete the descriptionof what the testator
meant to bequeath.
Illustrations
(i) A bequeaths to B “all the bills, bonds and other securities for money belonging to me now lying in my
lodgings in Calcutta”. At the time of his death these effects had been removed from his lodgings in Calcutta.
(ii) A bequeaths to B all his furniture then in his house in Calcutta. The testator has a house at Calcutta and
another at Chinsurah, in which he lives alternately, being possessed ofone set of furniture only which he removes
with himself to each house. At the time of his death the furniture isin the house at Chinsurah.
1. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for “5,000”.
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(iii) A bequeaths to B all his goods on board a certain ship then lying in the river Hughli. The goods are
removed by A’s directions to a warehouse, in which they remain at the time of A's death.
No one of these legacies is revoked by ademption.
162. When thing bequeathed is a valuable to be received by testator from third person; and
testator himself, or his representative, receives it.—Where the thing bequeathed is not the right to
receive something of value from a third person, but the money or other commodity which may be
received from the third person by the testator himself or by his representatives, the receipt of such sum of
money or other commodity by the testator shall not constitute an ademption; but if he mixes it up with the
general mass of his property, the legacy is adeemed,
Illustration
A bequeaths to B whatever sum may be received from his claim on C. A receives the whole of his claim on C,
and sets it apart from the general mass of his property. The legacy is not adeemed.
163. Change by operation of law of subject of specific bequest between date of will and
testator’s death.—Where a thing specifically bequeathed undergoes a change between the date of the
will and the testator's death, and the change takes place by operation of law, or in the course of execution
of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not
adeemed by reason of such change.
Illustrations
A bequeaths to B “all the money which I have in the 51/2 per cent. loan of the. Central Government”.The
securities for the 51/2 per cent.loan are converted during A’s lifetime into 5 per cent. stock.
A bequeaths to B the sum of 2,000 f invested in Consols in the names of trustees for A. The sum of 2,000
transferred by the trustees into A’s own name.
A bequeaths to B the sum of 10,000 rupees in promissory notes of the Central government which he has power
under his marriage settlement to dispose of by will. Afterwards, in A’s lifetime, the hind is converted into Consols
by virtue of an authority contained in the settlement.
No one of these legacies has been adeemed.
164. Change of subject without testator’s knowledge.—Where a thing specifically bequeathed
undergoes a change between the date of the will and the testator’s death, and the change takes place
without the knowledge or sanction of the testator, the legacy is not adeemed.
Illustration
A bequeaths to B “all my 3 per cent. Consols”. The Consols are, without A’s knowledge, sold by his
agent, and the proceeds converted into East India Stock. This legacy is not adeemed.
165. Stock specifically bequeathed lent to third party on condition that it be replaced.—Where
stock which has been specifically bequeathed is lent to a third party on condition that it shall be replaced,
and it is replaced accordingly, the legacy is not adeemed.
166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death.—
Where stock specifically bequeathed is sold, and an equal quantity of the same stock is afterwards
purchased and belongs to the testator at his death, the legacy is not adeemed.
CHAPTER XVII—Of the payment of liabilities in respect of the subject of a bequest.
167. Non-liability of executor to exonerate specific legatees.—
(1) Where property specifically
bequeathed is subject at the death of the testator to any pledge, lien or incumbrance created by the testator
himself or by any person under whom he claims, then, unless a contrary intention appears by the will, the
legatee, if he accepts the bequest, shall accept it subject to such pledge or incumbrance, and shall (as
between himself and the testator’s estate) be liable to make good the amount of such pledge or
incumbrance,
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(2) A contrary intention shall not be inferred from any direction which the will may contain for the
payment of the testator's debts generally.
Explanation.—A periodical payment in the nature of land-revenue or in the nature of rent is not such
an incumbrance as is contemplated by this section.
Illustrations
A bequeaths to B the diamond ring given him by C. At A’s death the ring is held in pawn by D to whom it has
been pledged by A. It is the duty of A’s executors, if the state of the testator's assets will allow them, to allow B to
redeem the ring.
A bequeaths to B a zamindari which at A's death is subject to a mortgage for 10,000 rupees; and the whole of
the principal sum, together with interest to the amount of 1,000 rupees, is due at A's death. B, if he accepts the
bequest, accepts it subject to this charge, and is liable, as between himself and A's estate, to pay the sum of 11,000
rupees thus due.
168. Compeletion of testator’s title to things bequeathed to be at cost of his estate.—Where
anything is to be done to complete the testator's title to the thing bequeathed, it is to be done at the cost of
the testator's estate.
Illustrations
A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and
dies before he has paid the purchase-money. The purchase-money must be made good out of A’s assets.
A, having contracted for the purchase of a piece of land for a certain sum of money, one-half of which is to be
paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or
secured any part of the purchase-money. One-half of the purchase-money must be paid out of A’s assets.
169. Exoneration of legatee’s immoveable property for which land-revenue or rent payable
periodically.—Where there is a bequest of any interest in immovable property in respect of which
payment in the nature of land-revenue or in the nature of rent has to be made periodically, the estate of the
testator shall (as between such estate and the legatee) make good such payments or a proportion of them,
as the case may be, up to the day of his death.
Illustration
A bequeaths to B a house, in respect of which 365 rupees are payable annually by way of rent. A pays his rent
at the usual time, and dies 25 days after. A’s estate will make good 25 rupees in respect of the rent.
170. Exoneration of specific legatee’s stock in joint-stock company.—In the absence of any
direction in the will, where there is a specific bequest of stock in a joint-stock company, if any call or
other payment is due from the testator at the time of his death in respect of the stock, such call or payment
shall, as between the testator's estate and the legatee, be borne by the estate; but, if any call or other
payment becomes due in respect of such stock after the testator's death, the same shall, as between the
testator’s estate and the legatee, be borne by the legatee, if he accepts the bequest.
Illustrations
A bequeaths to B his shares in a certain railway. At A’s death there was due from him the sum of 100 rupees in
respect of each share, being the amount of a call which had been duly made, and the sum of five rupees in respect of
each share, being the amount of interest which had accrued due in respect of the call. These payments must be borne
by A’s estate.
A has agreed to take 50 shares in an intended joint-stock company, and has contracted to pay up 100 rupees in
respect of each share, which sum must be paid before his title to the shares can be completed. A bequeaths these
shares to B. The estate of A must make good the payments which were necessary to complete A’s title.
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(iii)A bequeaths to B his shares in a certain railway. B accepts the legacy. After A's death, a call is made in
respect of the shares. B must pay the call.
(iv) A bequeaths to B his shares in a joint-stock company. B accepts the bequest. Afterwards the affairs of the
company are wound up, and each shareholder is called upon for contribution. The amount of the contribution must
be borne by the legatee.
(v) A is the owner of ten shares in a railway company. At a meeting held during his lifetime a call is made of
fifty rupees per share, payable by three instalments. A bequeaths his shares to B, and dies between the day fixed for
the payment of the first and the day fixed for the payment of the second instalment, and without having paid the first
instalment. A’s estate must pay the first instalment, and B, if he accepts the legacy, must pay the remaining
instalments.
CHAPTER XVIII.—Of Bequests of Things described in General Terms
171. Bequest of thing described in general terms.—If there is a bequest of something described in
general terms, the executor must purchase for the legatee what may reasonably be considered to answer
the description.
Illustrations
(i) A bequeaths to B a pair of carriage-horses or a diamond ring. The executor must provide the legatee with
such articles if the state of the assets will allow it.
(ii) A bequeaths to B “my pair of carriage-horses”. A had no carriage horses at the time of his death. The legacy
fails.
CHAPTER XIX.—Of Bequests of the Interest or Produce of a Fund
172. Bequest of interest or produce of fund.—Where the interest or produce of a fund is
bequeathed to any person, and the will affords no indication of an intention that the enjoyment of the
bequest should be of limited duration, the principal, as well as the interest, shall belong to the legatee.
Illustrations
(i) A bequeaths to B the interest of his 5 per cent. promissory notes of the Central Government. There is no
other clause in the will affecting those securities. B is entitled to A’s 5 per cent. promissory notes of the Central
Government.
(ii) A bequeaths the interest of his 51/2 per cent. promissory notes of the Central Government to B for his life,
and after his death to C. B is entitled to the interest of the notes during his life, and C is entitled to the notes upon B's
death.
(iii) A bequeaths to B the rents of his lands at X. B is entitled to the lands.
CHAPTER XX.—Of Bequests of Annuities
173. Annuity created by will payable for life only unless contrary intention appears by will.—
Where an annuity is created by will, the legatee is entitled to receive it for his life only, unless a contrary
intention appears by the will, notwithstanding that the annuity is directed to be paid out of the property
generally, or that a sum of money is bequeathed to be invested in the purchase of it.
Illustrations
(i) A bequeaths to B 500 rupees a year. B is entitled during his life to receive the annual sum of 500 rupees.
(ii) A bequeaths to B the sum of 500 rupees monthly. B is entitled during his life to receive the sum of 500
rupees every month.
(iii) A bequeaths an annuity of 500 rupees to B for life, and on B’s death to C. B is entitled to an annuity of 500
rupees during his life. C, if he survives B, is entitled to an annuity of 500 rupees from B’s death until his own death.
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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.—
Where the will directs that an annuity shall be provided for any person out of the proceeds of property, or
out of property generally, or where money is bequeathed to be invested in the purchase of any annuity for
any person, on the testator's death, the legacy vests in interest in the legatee, and he is entitled at his
option to have an annuity purchased for him or to receive the money appropriated for that purpose by the
will.
Illustrations
(i) A by his will directs that his executors shall, out of his property, purchase an annuity of 1,000 rupees for B.
B is entitled at his option to have an annuity of 1,000 rupees for his life purchased for him or to receive such a sum
as will be sufficient for the purchase of such an annuity.
(ii) A bequeaths a fund to B for his life, and directs that after B’s death, it shall be laid out in the purchase of an
annuity for C. B and C survive the testator. C dies in B'S lifetime. On B’s death the,fund belongs to the
representative of C.
175. Abatement of annuity.—Where an annuity is bequeathed, but the assets of the testator are not
sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the
other pecuniary legacies given by the will.
176. Where gift of annuity and residuary gift, whole annuity to be first satisfied.—Where there is
a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the
residue is paid to the residuary legatee, and, if necessary, the capital of the testator's estate shall be applied
for that purpose.
CHAPTER XXI.—Of Legacies to creditors and Portioners
177. Creditor prima facie entitled to legacy as well as debt.—Where a debtor bequeaths a legacy to
his creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the
creditor shall be entitled to the legacy, as well as to the amount of the debt.
178. Child prima facie entitled to legacy as well as portion.—Where a parent, who is under
obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to
the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the
child shall be entitled to receive -the legacy, as well as the portion.
Illustration
A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the
daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken.
A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit
of this bequest in addition totheir portions.
179. No ademption by-subsequent provision for legatee.—No bequest shall be wholly or partially
adeemed by a subsequent provision made by settlement or otherwise for the legatee.
Illustrations
(i) A bequeaths 20,000 rupees to his son B. He afterwards gives to B the sum of 20,000 rupees. The legacy is
not therebyadeemed.
(ii) A bequeaths 40,000 rupees to B, his orphan niece whom he had brought up from her infancy. Afterwards,
on the occasion of B’s marriage, A settles upon her the sum of 30,000 rupees. The legacy is not thereby diminished.
CHAPTER—XXII.—Of Election
180. Circumstances in which election takes place.—Where a person, by his will, professes to
dispose of some thing which he has no right to dispose of, the person to whom the thing belongs shall
elect either to confirm such disposition or to dissent from it, and, in the latter case, he shall give up any
benefits which may have been provided for him by the will.
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181. Devolution of interest relinquished by owner.—An interest relinquished in the circumstances
stated in section 180 shall devolve as if it had not been disposed of by the will in favour of the legatee,
subject, nevertheless, to the charge of making good to the disappointed legatee the amount or value of the
gift attempted to be given to him by the will.
182. Testator’s belief as to his ownership immaterial.—The provisions of sections 180 and 181
apply whether the testator does or does not believe that which he professes to dispose of by his will to be
his own.
Illustrations
(i) The farm of Sultanpur was the property of C. A bequeathed it to B, giving a legacy of 1,000 rupees to C. C
has elected to retain his farm of Sultanpur, which is worth 800 rupees. C forfeits his legacy of 1,000 rupees, of
which 800 rupees goes to B, and the remaining 200 rupees falls into the residuary bequest, or devolves according to
the rules of intestate succession, as the case may be.
(ii) A bequeaths an estate to B in case B’s elder brother (who is married and has children) shall leave no issue
living at his death. A also bequeaths to C a jewel, which belongs to B. B must elect to give up the jewel or to lose
the estate.
(iii) A bequeaths to B 1,000 rupees, and to C an estate which will, under a settlement, belong to B if his elder
brother (who is married and has children) shall leave no issue living at his death. B must elect to give up the estate
or to lose the legacy.
(iv) A, a person of the age of 18, domiciled in 1[India] but owning real property in England, to which C is heir at
law, bequeaths a legacy to C and, subject thereto, devises and bequeaths to B “all my property whatsoever and
wheresoever,” and dies under 21. The real property in England does not pass by the will. C may claim his legacy
without giving up the real property in England.
183. Bequest for man’s benefit how regarded for purpose of election.—A bequest for a person's
benefit is, for the purpose of election, the same thing as a bequest made to himself.
Illustration
The farm of SultanpurKhurd being the property of B, A bequeathed it to C: and bequeathed another farm called
SultanpurBuzurg to his own executors with a direction that it should be sold and the proceeds applied in payment of
B's debts. B must elect whether he will abide by the will, or keep his farm of SultanpurKhurd in opposition to it.
184. Person deriving benefit indirectly not put to election.—A person taking .no benefit directly
under a will, but deriving a benefit under it indirectly, is not put to his election.
Illustration
The lands of Sultanpur are settled upon C for life, and after his death upon D, his only child. A bequeaths the
lands of Sultanpur to B, and 1,000 rupees to C. C dies intestate shortly after the testator, and without having made
any election. D takes out administration to C, and as administrator elects on behalf of C’s estate to take under the
will. In that capacity he receives the legacy of 1,000 rupees and accounts to B for the rents of the lands of Sultanpur
which accrued after the death of the testator and before the death of C. In his individual character he ratains the
lands of Sultanpur in opposition to the will.
185. Person taking in individual capacity under will may In other character elect to take in
opposition.—A person who in his individual capacity takes a benefit under a will may, in another
character, elect to take in opposition to the will.
Illustration
The estate of Sultanpur is settled upon A for life, and after his death, upon B. A leaves the estate of Sultanpur to
D, and 2,000 rupees to B, and 1,000 rupees to C, who is B’s only child. B dies intestate, shortly after the testator,
without having made an election. C takes out administration to B, and as administrator elects to keep the estate of
Sultanpur in opposition to the will, and to relinquish the legacy of 2,000 rupees. C may do this, and yet claim his
legacy of 1,000 rupees under the will.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
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186. Exception to provisions of last six sections.—Notwithstanding anything contained in sections
180 to 185, where a particular gift is expressed in the will to be in lieu of something belonging to the
legatee, which is also in terms disposed of by the will, then, if the legatee claims that thing, he must
relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the will.
Illustration
Under A’s marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of
Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her
interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000
rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity
but not the legacy of 1,000 rupees.
187. When acceptance of benefit given by will constitutes election to take under will.—
Acceptance of a benefit given by a will constitutes an election by the legatee to take under the will, if he
had knowledge of his right to elect and of those circumstances which would influence the judgment of a
reasonable man in making an election, or if he waives inquiry into the circumstances.
Illustrations
(i) A is owner of an estate called SultanpurKhurd, and has a life interest in anotuer estate called
SultanpurBuzurg to which upon his death his son B will be absolutely entitled. The will of A gives the estate of
SultanpurKhurd to B, and the estate of SultanpurBuzurg to C. B, in ignorance of his own right to the estate of.
SultanpurBuzurg, allows C to take possession of it, and enters into possession of the estate of SultanpurKhurd. B has
not confirmed the bequest of SultanpurBuzurg to C.
(ii) B, the eldest son of A, is the possessor of an estate called Sultanpur. A bequeaths Sultanpur to C, and to B
the residue of A’s property. B having been informed by A’s executors that the residue will amount to 5,000 rupees,
allows C to take possession of Sultanpur. He afterwards discovers that the residue does not amount to more than 500
rupees. B has not confirmed the bequest of the estate of Sultanpur to C.
188. Circumstances in which knowledge or waiver is presumed or inferred.—
(1) Such
knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the
legatee has enjoyed for two years the benefits provided for him by the will without doing any act to
express dissent.
(2) Such knowledge or. waiver of inquiry may be inferred from any act of the legatee which renders it
impossible to place the persons interested in the subject-matter of the bequest in the same condition as if
such act had not been done.
Illustration
A bequeaths to B an estate to which C is entitled, and to C a coal-mine. C takes possession of the mine and
exhausts it. He has thereby confirmed the bequest of the estate to B.
189. When testator’s representatives may call upon legatee to elect.—If the legatee does not,
within one year after the death of the testator, signify to the testator’s representatives his intention to
confirm or to dissent from the will, the representatives shall, upon the expiration of that period, require
him to make his election; and; if he does not comply with such requisition within a reasonable time after
he has received it, he shall be deemed to have elected to confirm the will.
190. Postponement of election in case of disability.—In case of disability the election shall be
postponed until the disability ceases, or until the election is made by some competent authority.
CHAPTER XXIII.—Of Gifts in Contemplation of Death
191. Property transferable by gift made in contemplation of death.—
(1) A man may dispose, by
gift made in contemplation of death, of any moveable property which he could dispose of by will.
(2) A gift is said to be made in contemplation of death where a man, who is ill and expects to die
shortly of his illness, delivers, to another the possession: of any moveable property to keep as a gift in
case the donor shall die of that illness.
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(3) Such a gift may be resumed by the giver; and shall not take effect if he recovers from the illness
during which it was made; nor if he survives the person to whom it was made.
Illustrations
(i) A, being ill, and in expectation of death, delivers to B, to be retained by him in case of A’s death,—
a watch:
a bond granted by C to A:
a bank-note:
a promissory note of the Central Government endorsed in blank:
a bill of exchange endorsed in blank:
certain mortgage-deeds.
A dies of the illness during which he delivered these articles.
B is entitled to—
the watch:
the debt secured by C’s bond:
the bank-note:
the promissory note of the Central Government :
the bill of exchange:
the money secured by the mortgage-deeds.
(ii) A, being ill, and in expectation of death, delivers to B the key of a trunk or the key of a warehouse in which
goods of bulk belonging to A are deposited, with the intention of giving him the control over the contents of the
trunk, or over the deposited goods, and desires him to keep them in case of A’s death. A dies of the illness during
which he delivered these articles. B is entitled to the trunk and its contents or to A’s goods of bulk in the warehouse.
(iii) A, being ill, and in expectation of death, puts aside certain articles in separate parcels and marks upon the
parcels respectively the names of B and C. The parcels are not delivered during the life of A. A, dies of the illness
during which he set aside the parcels. B and C are not entitled to the contents of the parcels.
PART VII
PROTECTION OF PROPERTY OF DECEASED
192. Person claiming right by succession to property of deceased may apply for relief against
wrongful possession.—
(1) If any person dies leaving property, moveable or immoveable, any person
claiming a right by succession thereto, or to any portion thereof, may make application to the District
Judge of the district where any part of the property is found or situate for relief, either after actual
possession has been taken by another person, or when forcible means of seizing possession are
apprehended.
(2) Any agent, relative or near friends, or the Court of Wards in cases within their cognizance, may,
in the event of any minor, or any disqualified or absent person being entitled by succession to such
property as aforesaid, make the like application for relief.
193. Inquiry made by Judge.—The District Judge to whom such application is made shall, in the
first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks
necessary as to whether there is sufficient ground for believing that the party in possession or taking
forcible means for seizing possession has no lawful title, and that the applicant, or the person on whose
behalf he applies is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of
a suit, and that the application is made bona fide.
194. Procedure.—If the District Judge is satisfied that there is sufficient ground for believing as
aforesaid but not otherwise, he shall summon the party complained of, and give notice of vacant or
disturbed possession by publication, and, after the
