Indian Succession Act,1925
Act No : 39
Section :
Bequest to person by particular description, who is not in existenceat testator's death.
112. Bequest to person by particular description, who is not inexistence at testator's death.-Where a bequest is made to a person bya particular description, and there is no person in existence at thetestator's death who answers the description, the bequest is void. Exception.--If property is bequeathed to a person described asstanding in a particular degree of kindred to a specified individual,but his possession of it is deferred until a time later than the deathof the testator, by reason of a prior bequest or otherwise; and if aperson answering the description is alive at the death of thetestator, or comes into existence between that event and such latertime, the property shall, at such later time, go to that person, or,if he is dead, to his representatives. Illustrations (i) A bequeaths 1,000 rupees to the eldest son of B. At the deathof the testator, B has no son. The bequest is void. (ii) A bequeaths 1,000 rupees to B for life, and after his deathto the eldest son of C. At the death of the testator, C had no son.Afterwards, during the life of B, a son is born to C. Upon B's deaththe legacy goes to C's son. (iii) A bequeaths 1,000 rupees to B for life, and after his deathto the eldest son of C. At the death of the testator, C had no son.Afterwards, during the life of B, a son, named D, is born to C. Ddies, then B dies. The legacy goes to the representative of D. (iv) A bequeaths his estate of Green Acre to B for life, and athis decease, to the eldest son of C. Up to the death of B, C has hadno son. The bequest to C's eldest son is void. (v) A bequeaths 1,000 rupees to the eldest son of C, to be paidto him after the death of B. At the death of the testator C has noson, but a son is afterwards born to him during the life of B and isalive at B's death. C's son is entitled to the 1,000 rupees.
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