Sections 96-98 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Three common wills phrases are covered here. "To A or B" (section 96). "To A and his children" (section 97). And a gift to a class of persons under a general description (section 98). Each section decides who takes and how much. If you are drafting a will or reading one that uses such phrases, the answers below come from the Act's own words.
If property is bequeathed to a person with a bequest in the alternative to another person or a class, then, unless a contrary intention appears, the first-named legatee takes if alive when the legacy takes effect; if he is then dead, the alternative person or class takes (section 96). Where property is bequeathed to a person and words describing a class are added but do not make the class a direct and independent object of a separate gift, that person takes the whole interest, unless a contrary intention appears (section 97). Where a bequest is made to a class under a general description only, no one to whom the description does not ordinarily apply takes the legacy (section 98).
Section 96: bequest in the alternative
As per the text of the Act consulted, where property is bequeathed to a person with a bequest in the alternative to another person or to a class of persons, then, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect; but if he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy.
The Act's illustrations to section 96
- (i) A bequest is made "to A or to B". A survives the testator. B takes nothing.
- (ii) A bequest "to A or to B". A dies after the date of the will and before the testator. The legacy goes to B.
- (iii) A bequest "to A or to B". A is dead at the date of the will. The legacy goes to B.
- (iv) Property is bequeathed "to A or his heirs". A survives the testator. A takes the property absolutely.
- (v) Property is bequeathed "to A or his nearest of kin". A dies in the lifetime of the testator. Upon the death of the testator, the bequest to A's nearest of kin takes effect.
- (vi) Property is bequeathed to A for life, and after his death "to B or his heirs". A and B survive the testator. B dies in A's lifetime. Upon A's death the bequest to the heirs of B takes effect.
- (vii) Property is bequeathed to A for life, and after his death "to B or his heirs". B dies in the testator's lifetime. A survives the testator. Upon A's death the bequest to the heirs of B takes effect.
The pattern in all seven: the first-named person takes if alive when the legacy takes effect; if not, the alternative takes. (The copy prints illustration (iv) with extra spaces in the middle of the line; no words are missing.)
If you are drafting a gift "to A or to B" and want to be sure what happens if A dies first, a legal consultation can help you choose clear words.
Section 97: words describing a class added to a bequest to a person
Where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the will.
The Act's illustrations to section 97
- (i) A bequest is made to A and his children; to A and his children by his present wife; to A and his heirs; to A and the heirs of his body; to A and the heirs male of his body; to A and the heirs female of his body; to A and his issue; to A and his family; to A and his descendants; to A and his representatives; to A and his personal representatives; to A, his executors and administrators. In each of these cases, A takes the whole interest which the testator had in the property. (The copy prints the twelve forms one to a line.)
- (ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy.
- (iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in equal shares to all persons who then answer the description of issue of A.
Illustration (ii) shows the contrast: "his brothers" are named as persons sharing the gift, not as words describing a class added to A. Section 97 is not in the Schedule III list.
Section 98: bequest to a class under a general description only
Where a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy. The section has no illustration.
For how particular relationship words are defined in a will, see our article on sections 99 and 100.
At a glance
| Section | Phrase | Result |
|---|---|---|
| 96 | "To A or to B" | A if alive when the legacy takes effect; otherwise B |
| 97 | "To A and his children" and similar added class words | A takes the whole interest, unless a contrary intention appears |
| 97(iii) | "To A for life and after his death to his issue" | At A's death, equal shares to all then answering the description of issue of A |
| 98 | A class under a general description only | No one to whom the description is not ordinarily applicable takes |
Schedule III
Sections 96 and 98 are in the Schedule III list of sections applied to the wills of Hindus, Buddhists, Sikhs and Jainas described in section 57. Section 97 is not in the list. See our article on sections 57 and 58.
A fresh example
Bharat Kulkarni, an invented person, leaves his farmhouse "to my nephew Dev or to my niece Esha". Dev is alive when the legacy takes effect. Under section 96, Dev takes and Esha takes nothing, as in illustration (i). If Dev had died in Bharat's lifetime, the farmhouse would go to Esha, as in illustration (ii). In a second will Bharat leaves his car "to Dev and his children". Under section 97, unless a contrary intention appears, Dev takes the whole interest Bharat had in the car, as in illustration (i) to that section. In a third will he leaves the residue of his estate "to the sons of my brother", and the description in its ordinary sense applies only to men. Under section 98, no one to whom that description is not ordinarily applicable takes the legacy. The names are invented and the rules are the Act's.
Where the text is silent
- Section 96 does not say what happens if both alternatives are dead at the time the legacy takes effect.
- Section 97 does not define "a contrary intention"; it uses the words without examples.
- Section 98 prints no illustration and does not list who counts as "ordinary sense" members of any class.
- None of the sections prints a form, a fee or a procedure.
Later amendments
The copy consulted is an unofficial print showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002). Later amendments should be checked.
Need help with wording a bequest to a person or a class?
"Or", "and his children" and "to the sons of" each carry a different result under these sections. For help drafting or checking such clauses, see our legal consultation page.
Key takeaways
- "To A or to B": A takes if alive when the legacy takes effect; otherwise B (section 96).
- "To A and his children" and similar words usually give A the whole interest (section 97).
- "To A for life and after his death to his issue" gives the issue at A's death equal shares (illustration (iii) to section 97).
- A class under a general description takes only persons to whom the description ordinarily applies (section 98).
- Sections 96 and 98 are in the Schedule III list; section 97 is not.
Read next
- Sections 99-100: meaning of children, grandchildren, issue and legitimate relatives
- Sections 93-95: bequest to heirs or representatives and bequest without words of limitation
- Sections 91-92: power of appointment executed by general bequest
- Mutual wills, joint wills and other categories
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.