Indian Succession Act,1925
Act No : 39
Section :
Bequest to such of certain persons as shall be surviving at someperiod not specified.
125. Bequest to such of certain persons as shall be surviving atsome period not specified.-Where a bequest is made to such of certainpersons as shall be surviving at some period, but the exact period isnot specified, the legacy shall go to such of them as are alive at thetime of payment or distribution, unless a contrary intention appearsby the will. Illustrations (i) Property is bequeathed to A and B to be equally dividedbetween them, or to the survivor of them. If both A and B survive thetestator, the legacy is equally divided between them. If A dies beforethe testator, and B survives the testator, it goes to B.98 (ii) Property is bequeathed to A for life, and, after his death,to B and C, to be equally divided between them, or to the survivor ofthem. B dies during the life of A; C survives A. At A's death thelegacy goes to C. (iii) Property is bequeathed to A for life, and after his deathto B and C, or the survivor, with a direction that, if B should notsurvive the testator, his children are to stand in his place. C diesduring the life of the testator; B survives the testator, but dies inthe lifetime of A. The legacy goes to the representative of B. (iv) Property is bequeathed to A for life, and, after his death,to B and C, with a direction that, in case either of them dies in thelifetime of A, the whole shall go to the survivor, B dies in thelifetime of A. Afterwards C dies in the lifetime of A. The legacy goesto the representative of C.
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