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Report No. 110

24.6. Section 146-Residuary bequest with enumeration.-

Section 146 provides as follows:-

"Where a will contains a bequest of the residue of the testator's property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically-bequeathed".

The section needs no change, not having created any problems.

24.7. Section 146-Property specifically bequeathed to two or more persons in succession.-

According to section 147, where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing. The rule is different where property is not specifically bequeathed (section 148).

The illustrations to the section read as under:-

"(i) A, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has bequeathed the lease to B for his life, and after B's death to C. B is to enjoy the property as A left it, although, if B lives for fifteen years, C can take nothing under the bequest.

(ii) A, having an annuity during the life of B, bequeathes it to C, for his life, and after C's death, to D. C is to enjoy the annuity as A left it, although, if B dies before D, D can take nothing under the bequest".

The section is clear in its purport and the rule is fair enough, having regard to the expressed intention of the testator.

It needs no change.

The Indian Succession Act, 1925 Back

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