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Start Free TrialIndian Succession Act, 1925 Chapter 15
Title: Of Demonstrative Legacies
State: Central
Year: 1925
.....of Ramnagar". (iii) A bequeaths to B "10,000 rupees out of my estate at Ramnagar", or charges it on his estate at Ramnagar: "10,000 rupees, being my share of the capital embarked in a certain business". Each of these bequests is demonstrative. Section 151 - Order of payment when legacy directed to be paid out of fund the subject of specific legacy Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. The debt due to A from W is only 1,500 rupees; of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 150
Title: Demonstrative Legacy Defined
State: Central
Year: 1925
..... Illustrations (i) A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. The legacy to B is specific, the legacy to C is demonstrative. (ii) A bequeaths to B "ten bushels of the corn which shall grow in my field of Green Acre": "80 chests of the indigo which shall be made at my factory of Rampur": "10,000 rupees out of my five per cent. promissory notes of the Central Government": an annuity of 500 rupees "from my funded property": "1,000 rupees out of the sum of 2,000 rupees due to me by C": an annuity, and directs it to be paid "out of the rents arising from my taluq of Ramnagar". (iii) A bequeaths to B "10,000 rupees out of my estate at Ramnagar", or charges it on his estate at Ramnagar: "10,000 rupees, being my share of the capital embarked in a certain business". Each of these bequests is demonstrative.
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 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 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 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 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.
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