Section 97

Effect of words describing a class added to bequest to person.

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 a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the will.
     Illustrations
         (i) A bequest is made--
             to A and his children,
             to A and his children by his present wife,
             to A and his heirs,
             to A and the heirs of his body,
             to A and the heirs male of his body,
             to A and the heirs female of his body,
             to A and his issue,
             to A and his family,
             to A and his descendants,
             to A and his representatives,
             to A and his personal representatives,
             to A, his executors and administrators.
     In each of these cases, A takes the whole interest which the testator had in the property.
         (ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy.
         (iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in equal shares to all persons who then answer the description of issue of A.

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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