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Section 171: Bequest of thing described in general terms

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 170 All 391 Sections of Indian Succession Act Section 172

Legal Commentary & Landmark Judgments: Section 171

Section 171 provides that a bequest of things described in general terms is satisfied by the executor delivering property of that description belonging to the testator, or purchasing it out of the general estate.

  • Satisfaction of General Legacies: Where a bequest is of things described in general terms (e.g. 'a gold watch' or '100 shares of SBI' without possessive words), the executor must satisfy the gift.
  • Delivery of Existing Asset: If the testator had an article answering that description at his death, the executor satisfies the legacy by delivering it to the legatee.
  • Executor's Purchase Duty: If the testator did not have such an article at his death, the executor is bound to purchase one of reasonable quality out of the general estate and deliver it to the legatee.
Key Landmark Precedents:
  • Subramaniam v. Ramaswamy (1932) 34 BOMLR 1612: The Privy Council highlighted the statutory mechanism of Section 171, holding that general bequests compel executors to purchase the described chattel if not found in the estate.
  • Ranganathan Chettiar v. Periakaruppan Chettiar AIR 1957 SC 815: The Supreme Court recognized that general descriptions create binding pecuniary obligations on the general estate to satisfy the legatee's claim.
Courtroom Practice & Strategic Litigation Guidance:

If a will states 'I bequeath a diamond ring of value Rs. 2 Lakhs to my niece' and the testator owned no diamond ring at death, the executor cannot dismiss the gift; Section 171 obligates him to disburse Rs. 2 Lakhs or purchase a ring from estate funds.

Section 170 All 391 Sections of Indian Succession Act Section 172