Indian Succession Act,1925
Act No : 39
Section :
Bequest to take effect on failure of prior bequest.
3*[116. Bequest to take effect on failure of prior bequest.-Whereby reason of any of the rules contained in sections 113 and 114, anybequest in favour of a person or of a class of persons is void inregard to such person or the whole of such class, any bequest---------------------------------------------------------------------1 Subs. by Act 21 of 1929, s. 14, for "wholly void".2 Subs. by s. 14, ibid., for certain original words.3 Subs. by s. 14, ibid., for the original section.---------------------------------------------------------------------93contained in the same will and intended to take effect after or uponfailure of such prior bequest is also void.] Illustrations (i) A fund is bequeathed to A for his life, and after his deathto such of his sons as shall first attain the age of 25, for his life,and after the decease of such son to B. A and B survive the testator.The bequest to B is intended to take effect after the bequest to suchof the sons of A as shall first attain the age of 25, which bequest isvoid under section 114. The bequest to B is void. (ii) A fund is bequeathed to A for his life, and after his deathto such of his sons as shall first attain the age of 25, and, if noson of A shall attain that age, to B. A and B survive the testator.The bequest to B is intended to take effect upon failure of thebequest to such of A's sons as shall first attain the age of 25, whichbequest is void under section 114. The bequest to B is void.
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