Words describing subject refer to property answering description at testator’s death

Q: When did Section 90 of the Indian Succession Act come into force?

Section 90 of the Indian Succession Act, cited as Succession Act 90, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

In force From 30 Sep 1925 Act 39 of 1925 As on 18 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925

Section 90 of the Indian Succession Act, 1925 deals with words describing subject refer to property answering description at testator’s death. The description contained in a will of property, the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator. The Act came into force on 30 Sep 1925.

The description contained in a will of property, the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator.
Section 90, The Indian Succession Act, 1925 (Act 39 of 1925).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

Ittianam vs Cherichi @ Padmini

Supreme Court of India 27 Jul 2010 Binding (Supreme Court) Reportable

Court's Decision & Legal Precedent

Section 90 of the Indian Succession Act, which incorporates the legal fiction that property description in a will shall be deemed to refer to property answering that description at the testator's death (unless contrary intention appears), must be applied with full effect to its logical end to prevent intestacy. Where a will describes properties and the testator acquires title to those properties after the will's execution but before his death, and no contrary intention appears in the will, all such properties must be included in the bequest. The principle applies without exception based on whether title was perfected at the date of will's execution or acquisition date.

On this section: Core provision establishing that property description in a will shall be deemed to refer to property answering that description at the testator's death unless a contrary intention appears. Court held this must be applied to include properties acquired after the will's execution but before death.

Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 90

What have the courts held on Section 90 of the Indian Succession Act?

Ittianam vs Cherichi @ Padmini (27 Jul 2010) is the leading judgment on this section among those set out below: Core provision establishing that property description in a will shall be deemed to refer to property answering that description at the testator's death unless a contrary intention appears. Court held this must be applied to include properties acquired after the will's execution but before death.

How do I find court cases under Section 90 of the Indian Succession Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 90, section 90 Succession Act, section 90 of the Indian Succession Act. People searching for it also type section 90 indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ittianam vs Cherichi @ Padmini (27 Jul 2010).

When did Section 90 of the Indian Succession Act come into force?

Section 90 of the Indian Succession Act, cited as Succession Act 90, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.