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Will ?

Querist : Anonymous (Querist) 19 January 2011 This query is : Resolved 
"A" bequeathed a property through a registered Will in the name of unborn child of "B".

" Miscarriage happen to "B".

To whom the property will be inherited?
Report Abuse
Devajyoti Barman (Expert) 19 January 2011
It is a spes succession , so the property would revert to the testator if he is alive at that tme. If the testator dies before the child came in existence in the womb then such succession is void being against the Rule of Perpetuity.
Kirti Kar Tripathi (Expert) 20 January 2011
I AGREE WITH DEVAJYOTI. SUCH BEQUEATH WILL TREATED AS VOID AS IT WILL BECOME FRUSTRATED UNDER LAW.

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