Indian Succession Act,1925
Act No : 39
Section :
Bequest contingent upon specified uncertain event, no time beingmentioned for its occurrence.
124. Bequest contingent upon specified uncertain event, no timebeing mentioned for its occurrence.-Where a legacy is given if aspecified uncertain event shall happen and no time is mentioned in thewill for the occurrence of that event, the legacy cannot take effect,unless such event happens before the period when the fund bequeathedis payable or distributable. Illustrations (i) A legacy is bequeathed to A, and, in case of his death, to B.If A survives the testator, the legacy to B does not take effect. (ii) A legacy is bequeathed to A, and, in case of his deathwithout children, to B. If A survives the testator or dies in hislifetime leaving a child, the legacy to B does not take effect. (iii) A legacy is bequeathed to A when and if he attains the ageof 18, and, in case of his death, to B. A attains the age of 18. Thelegacy to be does not take effect. (iv) A legacy is bequeathed to A for life, and, after his deathto B, and, "in case of B's death without children," to C. The words"in case of B's death without children" are to be understood asmeaning in case B dies without children during the lifetime of A. (v) A legacy is bequeathed to A for life, and, after his death toB, and, "in case of B's death," to C. The words "in case of B's death"are to be considered as meaning "in case B dies in the lifetime of A".
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