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Section 98: Bequest to class of persons under general description only

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 1925
Section 97 All 391 Sections of Indian Succession Act Section 99

Legal Commentary & Landmark Judgments: Section 98

Section 98 regulates class closing rules, providing that where property is bequeathed to a class under general description, it applies only to those who answer the description at the testator's death, unless possession is postponed.

  • Core Legal Standard: Section 98 codifies the foundational rule of class closing in testamentary law.
  • Operational Mechanism: Where a bequest is made to a class of persons under a general description only (such as 'to the children of A'), and no period is specified for distribution, the class closes at the exact moment of the testator's death.

Under this section, only those persons who answer the description and are in existence at the testator's death are entitled to share in the bequest. Children of A born after the testator's demise are excluded. However, under the second limb of Section 98, if the bequest is deferred—such as where a prior life estate is given to a third party—the class remains open and does not close until the period of distribution arrives, allowing all class members born prior to the determination of the life interest to participate.

Key Landmark Precedents:
  • Usha Majumdar v. Sm. Smritikana Khastgir, AIR 1973 Cal 310: The High Court analyzed the class-closing rules under Section 98, confirming that immediate gifts close at the testator's death, while postponed gifts remain open until the preceding life interest terminates.
  • Navneet Lal v. Gokul, (1976) 1 SCC 630: The Supreme Court noted that class determination under Section 98 provides legal certainty for estate distribution while protecting after-born children during deferred periods.
Legal Commentary:

Section 98 determines who qualifies to receive funds in generational gifts. In immediate bequests, executors can safely distribute the legacy to class members living at the testator's death without fearing claims from children born years later. In deferred gifts (e.g., 'to my wife for life, and then to my grandchildren'), any grandchild born before the wife dies is included in the class.

Section 97 All 391 Sections of Indian Succession Act Section 99