Section 171 of the Indian Succession Act, 1925 – Bequest of thing described in general terms

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Section 171: Bequest of thing described in general terms

If there is a bequest of something described in general terms, the executor must purchase for the legatee what may reasonably be considered to answer the description.

Illustrations

(i) A bequeaths to B a pair of carriage-horses or a diamond ring. The executor must provide the legatee with such articles if the state of the assets will allow it.

(ii) A bequeaths to B “my pair of carriage-horses”. A had no carriage horses at the time of his death. The legacy fails.

Source: official text of The Indian Succession Act, 1925 as published on India Code (PDF). All sections of the Indian Succession Act, 1925.

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  1. The Indian Succession Act, 1925 – All Sections
  2. Section 111 of the Indian Succession Act, 1925 – Survivorship in case of bequest to described class
  3. Section 113 of the Indian Succession Act, 1925 – Bequest to person not in existence at testator’s death subject to prior bequest
  4. Section 116 of the Indian Succession Act, 1925 – Bequest to take effect on failure of prior bequest