Section 91 Succession Act: Power of appointment executed by general bequest

Section 91 of Indian Succession Act: Testamentary & Estate Administration Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Unless a contrary intention appears by the will, a bequest of the estate of the testator shall be construed to include any property which he may have -power to appoint by will to any object he may think proper, and shall operate as an execution of such power;

and a bequest of property described in a general manner shall be construed to include any property to which such description may extend, which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power.

Legal Commentary & Landmark Judgments: Section 91

Section 91 enacts that a general bequest of property operates as an effective exercise of a general power of appointment over such property, unless a contrary intention appears.

Statutory Powers & Jurisdiction: Section 91 governs powers of appointment in estate planning.
Appointment & Institutional Framework: Where a person possesses a general power of appointment authorizing them to appoint property to whomsoever they please, a general bequest of their property (or a general residuary clause) operates as a valid execution of that power.

The section eliminates the requirement of specifically referring to the power or the instrument creating it. If the testator bequeaths 'all my property' or 'the residue of my estate', that general language automatically captures and appoints the property over which the testator held a general power of disposal, ensuring that comprehensive wills leave no assets unadministered.

Key Landmark Precedents:

Gnambal Ammal v. T. Raju Ayyar, AIR 1951 SC 103: The Supreme Court recognized that general words of bequest encompass all assets over which the testator possessed full dispositive power, including powers of appointment under Section 91.
Navneet Lal v. Gokul, (1976) 1 SCC 630: The Supreme Court observed that statutory construction provisions prevent inadvertent omissions where the testator has general authority to dispose.

Legal Commentary:

Section 91 is an important tool in trust and settlement litigation. When trust deeds confer a general power of appointment upon a life tenant, family members often argue that the life tenant's will failed to exercise the power because it did not specifically mention the trust. Section 91 rebuts this argument by confirming that a standard residuary clause executes the power by statutory implication.

Section 91: Power of appointment executed by general bequest

Section 91 of Indian Succession Act: Testamentary & Estate Administration Procedure

Legal Commentary & Landmark Judgments: Section 91