Indian Succession Act,1925
Act No : 39
Section :
Bequest to "heirs," etc., of particular person without qualifyingterms.
93. Bequest to "heirs," etc., of particular person withoutqualifying terms.-Where a bequest is made to the "heirs" or "rightheirs" or "relations" or "nearest relations" or "family" cr "kindred"or "nearest of kin" or "next-of-kin" of a particular person withoutany qualifying terms, and the class so designated forms the direct andindependent object of the bequest, the property bequeathed shall be82distributed as if it had belonged to such person and he had diedintestate in respect of it, leaving assets for the payment of hisdebts independently of such property. Illustrations (i) A leaves his property "to my own nearest relations". Theproperty goes to those who would be entitled to it if A had diedintestate, leaving assets for the payment of his debts independentlyof such property. (ii) A bequeaths 10,000 rupees "to B for his life, and, after thedeath of B, to my own right heirs". The legacy after B's death belongsto those who would be entitled to it if it had formed part of A'sunbequeathed property. (iii) A leaves his property to B; but if B dies before him, toB's next-of-kin; B dies before A; the property devolves as if it hadbelonged to B, and he had died intestate, leaving assets for thepayment of his debts independently of such property. (iv) A leaves 10,000 rupees "to B for his life, and after hisdecease to the heirs of C". The legacy goes as if it had belonged toC, and he had died intestate, leaving assets for the payment of hisdebts independently of the legacy.
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