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Home Bare Acts Phrase: bequestIndian Succession Act, 1925 Chapter 7
Title: Of Void Bequests
State: Central
Year: 1925
.....from the death of the daughters whose share it was. All these provisions are valid. Section 115 - Bequest to a class some of whom may come under rules in sections 113 and 114 If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113 or section 114, such bequest shall be 1 [void in regard to those persons only, and not in regard to the whole class]. Illustrations (i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A's children, therefore, is inoperative as to any child born after the testator's death; 2 [and in regard to those who do not attain the age of 25 within 18 years after A's death, but is operative in regard to the other children of A]. (ii) A fund is.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 11
Title: Of Conditional Bequests
State: Central
Year: 1925
.....may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by section 120. Section 136 - Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over Where a bequest is made with a condition super-added that, unless the legatee shall perform a certain act, the subject-matter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. Illustrations (i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy. (ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 116
Title: Bequest to Take Effect on Failure of Prior Bequest
State: Central
Year: 1925
.....The bequest to B is intended to take effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void. (ii) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, and if no son of A shall attain that age, to B. A and B survive the testator. The bequest to B is intended to take effect upon failure of the bequest to such of A's sons as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void. ______________________ 1. Substituted by Act 21 of 1929, section 14, for the original section.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 113
Title: Bequest to person not in existence at testator's death subject to prior bequest
State: Central
Year: 1925
Where a bequest is made to a person not in existence at the time of the testator's death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed. Illustrations (i) Property is bequeathed to A for his life, and after his death to his eldest son for life, and after the death of the latter to his eldest son. At the time of the testator's death, A has no son. Here the bequest to A's eldest son is a bequest to a person not in existence at the testator's death. It is not a bequest of the whole interest that remains to the testator. The bequest to A's eldest son for his life is void. (ii) A fund is bequeathed to A for his life, and after his death to his daughters. A survives the testator. A has daughters some of whom were not in existence at the testator's death. The bequest to A's daughters comprises the whole interest that remains to the testator in the thing bequeathed. The bequest to A's daughters is valid. (iii) A fund is bequeathed to A for his life, and after his death to his daughters, with a direction that, if any of them marries under the age of
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 129
Title: Bequest to a and on Failure of Prior Bequest to B
State: Central
Year: 1925
Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator. Illustrations (i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies without having ever had a child. The bequest to B takes effect. (ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three months after A's death and, if he should neglect to do so, to C. B dies in the testator's life-time. The bequest to C takes effect.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 96
Title: Bequest in Alternative
State: Central
Year: 1925
Where a 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. Illustrations (i) A bequest is made to A or to B. A survives the testator. B takes nothing. (ii) A bequest is made 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 is made 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) Properly 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) Properly is bequeathed to A for life, and after this 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 e
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 115
Title: Bequest to a Class Some of Whom May Come Under Rules in Sections 113 and 114
State: Central
Year: 1925
Section 115 - Bequest to a class some of whom may come under rules in sections 113 and 114 If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113 or section 114, such bequest shall be 1 [void in regard to those persons only, and not in regard to the whole class]. Illustrations (i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A's children, therefore, is inoperative as to any child born after the testator's death; 2 [and in regard to those who do not attain the age of 25 within 18 years after A's death, but is operative in regard to the other children of A]. (ii) A fund is bequeathed to A for his life, and after his death to B, C, D and all.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 130
Title: When Second Bequest Not to Take Effect on Failure of First
State: Central
Year: 1925
Where the Will shows an intention that the second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect, unless the prior bequest fails in that particular manner. Illustration A makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to B that which he had bequeathed to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him, the bequest to B does not take effect.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 17
Title: Of the Payment of Liabilities in Respect of the Subject of a Bequest
State: Central
Year: 1925
.....B, if he accepts the bequest, accepts it subject to this charge, and is liable, as between himself and A's estate, to pay the sum of 11,000 rupees thus due. Section 168 - Completion of testator's title to things bequeathed to be at cost of his estate Where anything is to be done to complete the testator's title to the thing bequeathed, it is to be done at the cost of the testator's estate. Illustrations (i) A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and dies before he has paid the purchase-money. The purchase-money must be made good out of A's assets. (ii) A, having contracted for the purchase of a piece of land for a certain sum of money, one-half of which is to be paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or secured any part of the purchase-money. One-half of the purchase-money must be paid out of A's assets. Section 169 - Exoneration of legatee's immovable property for which land-revenue or rent payable periodically Where there is a bequest of any interest in immoveable property in respect of which payment in the nature of.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 101
Title: Rules of Construction Where Will Purports to Make Two Bequests to Same Person
State: Central
Year: 1925
.....intended to make the second bequest instead of or in addition to the first; if there is nothing in the Will to show what he intended, the following rules shall have effect in determining the construction to be put upon the Will: (a) If the same specific thing is bequeathed twice to the same legatee in the same Will or in the Will and again in the codicil, he is entitled to receive that specific thing only. (b) Where one and the same Will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. (c) Where two legacies of unequal amount are given to the same person in the same Will, or in the same codicil, the legatee is entitled to both. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a Will and the other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. Explanation: In clauses (a) to (d) of this section, the word "Will" does not include a codicil. Illustrations (i) A, having ten shares, and no more, in the Imperial Bank of India, made his Will, which contains.....
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