The INDIAN SUCCESSION ACT, 1925

TESTAMENTARY SUCCESSION

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

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.