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Section 115: Bequest to a class some of whom may come under rules in sections 113 and 114.

The Indian Succession Act, 1925Central Act · Act 39 of 1925

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 [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;

[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 Al

(ii) A fund is bequeathed to A for his life, and after his death to B, C, D and all other children of A who shall attain the age of 25. B, C, D are children of A living at the testator's decease. In all other respects the case is the same as that supposed in Illustration (i). [Although the mention of B, C and D does not prevent the bequest from being regarded as a bequest to a class, it is not wholly void. It is operative as regards any of the children B, C or D, who attain the age of 25 within 18 years after A's death].

Where this provision sits

ActThe Indian Succession Act, 1925
Section115
Marginal noteBequest to a class some of whom may come under rules in sections 113 and 114.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 21 of 1929. . Subs. by Act 21 of 1929, s. 14, for "wholly void".
  • substituted. . Subs. by s. 14, ibid., for certain words.

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