Section 172: Bequest of interest or produce of fund

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 172

Section 172 establishes the statutory rule that a bequest of the interest or produce of an entire fund, without limitation as to time, carries the corpus of the fund itself.

  • Bequest of Income Without Limit: Where the interest or produce of a fund is bequeathed to any person, and the will affords no indication of an intention that enjoyment should be of limited duration, the principal corpus belongs to the legatee.
  • Equivalence to Absolute Ownership: Codifies the common-law principle that an unlimited gift of income is in law a gift of the underlying capital generating that income.
  • Rebuttal by Contrary Context: The rule does not apply if the will contains words indicating a life interest, trust creation, or a gift over upon the legatee's demise.
Key Landmark Precedents:
  • Navneet Lal v. Gokul (1976) 1 SCC 630: The Supreme Court held that where the income of property is given to a beneficiary indefinitely without any gift over, Section 172 vests full absolute ownership of the corpus in the legatee.
  • F.S. Gandhi v. Commissioner of Wealth Tax (1990) 3 SCC 624: Recognized that an unlimited entitlement to the produce of an asset is proprietary in character and carries the underlying capital.
Courtroom Practice & Strategic Litigation Guidance:

In will construction suits where a will states 'I give the rent and profits of my commercial shop to my son X' without adding 'for life' or naming a remainderman, invoke Section 172; son X is the full absolute owner of the shop, not a mere life-tenant.