Indian Succession Act,1925

Act No : 39

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

97. Effect of words describing a class added to bequest toperson.-Where property is bequeathed to a person, and words are addedwhich describe a class of persons but do not denote them as directobjects of a distinct and independent gift, such person is entitled tothe whole interest of the testator therein, unless a contraryintention 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, tp A and his personal representatives, to A, his executors and administrators. In each of these cases, A takes the whole interest which thetestator had in the property. (ii) A bequest is made to A and his brothers. A and his brothersare jointly entitled to the legacy. (iii) A bequest is made to A for life and after his death to hisissue. At the death of A the property belongs in equal shares to allpersons who then answer the description of issue of A.84

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