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Start Free TrialProvident Funds Act, 1925 Section 2
Title: Definitions
State: Central
Year: 1925
.....constituted by the authority of a railway administration for any class or classes of its employees. __________________________ 1. Inserted by Act 1 of 1930, Section 2. 2. The words "credited in respect of any such subscription or deposit" omitted by Act 1 of 1930, Section 2. 3. Substituted by Act 28 of 1925, Section 2, for "the authority by which the Fund has been constituted". 4. Substituted by Act 1 of 1930, Section 2, for "or otherwise in respect of a subscription to, or deposit in". 5. Substituted by A.O., 1937, for "the Government". 6. Substituted by A.O., 1950, for "Provincial". 7. Substituted by Act 25 of 1942, Section 3 and Sch. II, for "its employees". 8. Substituted by A.O., 1950, for "Crown". 9. Substituted by Act 7 of 1927, Section 2, for "for teachers in educational institutions". 10. Inserted by A.O. 1937. 11. The words "credited in respect of such subscriptions or deposit" omitted by Act 1 of 1930. 12. Substituted by A.O. 1937, for the original Cl. (f). 13. Substituted by Act 3 of 1951, Section 3 and Schedule, for "a Part A State or Part C State". 14. Inserted by the A.O., 1950. 15. Substituted by the A.O., 1948 for "Federal.....
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 100
Title: Words Expressing Relationship Denote Only Legitimate Relatives or Failing Such Relatives Reputed Legitimate
State: Central
Year: 1925
.....to "the children of B". B never had any legitimate child. C and D had, at the date of the Will, acquired the reputation of being children of B. After the date of the Will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest. (vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the Will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void. (viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 109
Title: When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime
State: Central
Year: 1925
Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the Will. Illustration A makes his Will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his Will whereby he bequeaths all his property to his widow. D. The money goes to D.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 111
Title: Survivorship in Case of Bequest to Described Class
State: Central
Year: 1925
Where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such as are alive at the testator's death. Exception.If property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have died since the death of testator. Illustrations (i) A bequeaths, 1,000 rupees to "the children of B" without saying when it is to be distributed among them. B had died previous to the date of the Will, leaving three children, C, D and E. E died after the date of the Will, but before the death of A.C and D survive A. The legacy Will belong to C and D, to the exclusion of the representatives of E. (ii) A lease for years of a house, was bequeathed to A for his life, and after his decease to the children of B. At the death of the testator, B had two children living, C and D, and he never had any other child. Afterwards, during the lifetime of A, C
View Complete Act List Judgments citing this sectionIndian 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 Section 114
Title: Rule Against Perpetuity
State: Central
Year: 1925
.....such son may not attain 25 until more than 18 years have elapsed from the death of the longer liver of A and B; and the vesting of the fund may thus be delayed beyond the lifetime of A and B and the minority of the sons of B. The bequest after B's death is void. (ii) A fund is bequeathed to A for his life, and after his death to B for his life, and after B's death to such of B's sons as shall first attain the age of 25. B dies in the lifetime of the testator, leaving one or more sons. In this case the sons of B are persons living at the time of the testator's decease, and the time when either of them will attain 25 necessarily falls within his own lifetime. The bequest is valid. (iii) A fund is bequeathed to A for his life, and after his death to B for his life, with a direction that after B's death it shall be divided amongst such of B's children as shall attain the age of 18, but that, if no child of B shall attain that age, the fund shall go to C. Here the time for the division of the fund must arrive at the latest at the expiration of 18 years from the death of B, a person living at the testator's decease. All the bequests are valid. (iv) A fund is bequeathed to.....
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 Chapter 8
Title: Of the Vesting of Legacies
State: Central
Year: 1925
.....and, upon the death of any of them (except the last survivor) under the age of 18, his vested interest passes, so subject, to his representatives. Section 120 - Date of vesting when legacy contingent upon specified uncertain event (1) A legacy bequeathed in case a specified uncertain event shall happen does not vest until that event happens. (2) A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the happening of that event becomes impossible. (3) In either case, until the condition has been fulfilled, the interest of the legatee is called contingent. Exception.Where a fund is bequeathed to any person upon his attaining a particular age, and the will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs the income, or so much of it as may be necessary, to be applied for his benefit, the bequest of the fund is not contingent. Illustration (i) A legacy is bequeathed to D in case A, B and C shall all die under the age of 18. D has a contingent interest in the legacy until A, B and C all die under 18, or one of them attains that age. (ii) A sum of money is bequeathed to A "in case.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 121
Title: Vesting of Interest in Bequest to Such Members of a Class as Shall Have Attained Particular Age
State: Central
Year: 1925
Where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy. Illustration A fund is bequeathed to such of the children of A as shall attain the age of 18, with a direction that, while any child of A shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually entitled, shall be applied for his maintenance and education. No child of A who is under the age of 18 has a vested interest in the bequest.
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