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Section 146: When enumerated articles not deemed specifically bequeathed

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 145 All 391 Sections of Indian Succession Act Section 147

Legal Commentary & Landmark Judgments: Section 146

Section 146 clarifies that a residuary bequest or general gift of personal estate is not specific merely because it enumerates certain articles of property.

  • Enumeration in Residuary Gift: A bequest of the residue of the testator's property, or of a general description of his personal estate, is not specific merely because it enumerates certain articles.
  • Illustrative Rather than Exhaustive: The enumeration of specific items (e.g. 'all my personal estate, including my books, furniture, and car') is construed as illustrative, not as a collection of specific legacies.
  • Subject to Abatement: The enumerated items remain part of the general residuary pool and must abate to pay debts and general legacies.
Key Landmark Precedents:
  • Navneet Lal v. Gokul (1976) 1 SCC 630: The Supreme Court observed that the enumeration of specific items in a residuary clause is intended to emphasize the breadth of the disposition rather than create separate specific bequests under Section 146.
  • Ranganathan Chettiar v. Periakaruppan Chettiar AIR 1957 SC 815: Affirmed that residuary bequests bearing illustrative lists do not acquire the priority privileges of specific legacies.
Courtroom Practice & Strategic Litigation Guidance:

In estate debt settlements, residuary beneficiaries cannot protect enumerated cars or jewelry from being sold to pay estate debts; under Section 146, those assets form part of the residuary fund that must bear debts before specific legacies.

Section 145 All 391 Sections of Indian Succession Act Section 147