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Report No. 110

VIII. Bequest to a Class

16.36. Section 97.-

According to section 97, where property is bequeathed to a person, and words are added which describe a class of persons but do not denote us the 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. The section needs no chance. It may be contrasted with section 93. 16.37. Section 98.-Section 98 reads as under:-

"98. Where a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy".

No amendment is needed in the section. The emphasis hero is on excluding persons not belonging to the class in the ordinary sense of the descriptive words.



The Indian Succession Act, 1925 Back




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