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Section 90: Words describing subject refer to property answering description at testator's death

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 89 All 391 Sections of Indian Succession Act Section 91

Legal Commentary & Landmark Judgments: Section 90

Section 90 establishes that testamentary descriptions of property speak from the date of death, passing all property answering that description at the testator's demise unless a contrary intention appears.

  • Core Legal Standard: Section 90 codifies the principle that a will speaks from the moment of death regarding the property disposed of.
  • Operational Mechanism: Unless a contrary intention appears by the will, the description contained in a will of points of property, whether real or personal, shall be construed to refer to and include all property answering that description at the time of the testator's death.

This dynamic rule ensures that after-acquired property passes under general testamentary descriptions. If a testator bequeaths 'all my shares in Reliance Industries' when owning 100 shares at the date of the will, and subsequently acquires 500 more shares before dying, the legatee takes all 600 shares under Section 90. Conversely, if specific words fix the description to the date of the will (e.g., 'the 100 shares I now hold today'), that constitutes a contrary intention excluding later acquisitions.

Key Landmark Precedents:
  • Usha Majumdar v. Sm. Smritikana Khastgir, AIR 1973 Cal 310: The High Court held that under Section 90, a will speaks from the date of death regarding property, passing assets acquired after the date of execution unless explicitly restricted.
  • Sadhu Singh v. Gurdwara Sahib Narike, (2006) 8 SCC 75: The Supreme Court noted that general descriptions of estate assets automatically sweep in post-execution additions by operation of Section 90.
Legal Commentary:

Section 90 is vital for modern investment portfolios. Testators often execute a will and live for decades while their mutual funds, bank deposits, and shares grow substantially. Under Section 90, general descriptions encompass all accumulated assets at death without requiring frequent codicils, provided the drafter avoided restrictive temporal words like 'now' or 'presently'.

Section 89 All 391 Sections of Indian Succession Act Section 91