Section 92

Implied gift to objects of power in default of appointment.

The Indian Succession Act, 1925

  • Act 39 of 1925
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to consolidate the law applicable to intestate and testamentary succession.

All sections
    Where property is bequeathed to or for the benefit of certain objects as a specified person may appoint or for the benefit of certain objects in such proportions as a specified person may appoint, and the will does not provide for the event of no appointment being made; if the power given by the will is not exercised, the property belongs to all the objects of the power in equal shares.
     Illustration
         A, by his will bequeaths a fund to his wife, for her life, and directs that at her death it shall be divided among his children in such proportions as she shall appoint. The widow dies without having made any appointment. The fund will be divided equally among the children.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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