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Report No. 110

28.4. Recommendation to amend section 172.-

Judicial decisions1 take the view that the section applies to immovable property2. The view requires support from the third illustration. In our opinion, it would be useful to alter the language of the section by making this position more explicit. The word 'property' should be added in the section, since the word 'fund' is not quite appropriate for immovable property. Accordingly, we recommend that section 172 should be revised as under:

"172. Where the interest or produce of a fund or property is bequeathed to any person and the will affords no indication of an intention that the enjoyment of the bequest should be of limited duration, the principal of the fund or the property, as the case may be, as well as the interest or produce, shall belong to the legatee".

1. (a) Hemangini v. Nabin Chandra, 1382 ILR 8 Cal 788.

(b) Administrator-General v. Hughes, 1913 ILR 40 Cal 192 (214).

2. See also illustration (iii).

(Illustrations as at present).

The Indian Succession Act, 1925 Back

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