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Report No. 110

VI. Application of Description to External Reality

16.27. Section 90.-

Illustrating the general principle that a will speaks from the moment of death of the testator, section 90 provides that the description contained in a will of property, the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator.

The section needs no change.

16.28. Section 91.-

Section 91 provides that unless a contrary intention appears by the will, a bequest of the estate of the testator shall be construed to include any property which he may have power to appoint by will to any object lie may think proper, and shall operate as an execution of such power; and a bequest of property described in a general manner shall be construed to include any property to which such description may extend, which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power.

No amendments are needed in the section.

16.29. Section 92.-

This takes us to section 92, which reads as under:-

"92. 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."

The section needs no change.

16.30. Section 93.-

Certain words and expressions commonly used in wills are dealt with in section 93 quoted below:

"93. Where a bequest is made to the "heirs' or 'right heirs' or 'relations' or' nearest relations' or 'family' or 'kindred' or 'nearest of kin' or 'next of kin' of a particular person without any qualifying terms, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it, leaving assets for the payment of his debts independently of such property."

No amendment is needed in this section. The significance of the-section lies in the provision contained in the words "as if it had belonged to such person and he had died intestate", which practically make the. heirs of such person the beneficiaries, rendering further inquiries unnecessary. It applies only if the class is the direct object of bequest. [Contrast section 97].

16.31. Section 94.-

Continuing the method of spelling out the meanings of words commonly used in wills, section 94 deals with the case where a request is made to the 'representatives', 'legal representatives', 'personal representatives' or 'executors or administrators' of a particular person. If such class so designated forms the direct and independent object of bequest, the property bequeathed • shall he distributed as if it had belonged to such person and such person had died intestate in respect of it.

The section needs no change. The principle is the same as that explained under section 93.



The Indian Succession Act, 1925 Back




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