Indian Succession Act,1925
Act No : 39
Section :
Date of vesting when legacy contingent upon specified uncertain event.
120. Date of vesting when legacy contingent upon specifieduncertain event.-(1) A legacy bequeathed in case a specified uncertainevent shall happen does not vest until that event happens. (2) A legacy bequeathed in case a specified uncertain event shallnot happen does not vest until the happening of that event becomesimpossible. (3) In either case, until the condition has been fulfilled, theinterest of the legatee is called contingent. Exception.--Where a fund is bequeathed to any person upon hisattaining a particular age, and the will also gives to him absolutelythe income to arise from the fund before he reaches that age, ordirects the income, or so much of it as may be necessary, to beapplied for his benefit, the bequest of the fund is not contingent. Illustrations (i) A legacy is bequeathed to D in case A, B and C shall all dieunder the age of 18. D has a contingent interest in the legacy untilA, B and C all die under 18, or one of them attains that age. (ii) A sum of money is bequeathed to A "in case he shall attainthe age of 18," or "when he shall attain the age of 18". A's interestin the legacy is contingent until the condition is fulfilled by hisattaining that age. (iii) An estate is bequeathed to A for life, and after his deathto B if B shall then be living; but if B shall not be then living toC. A, B and C survive the testator. B and C each take a contingentinterest in the estate until the event which is to vest it in one orin the other has happened. (iv) An estate is bequeathed as in the case last supposed. B diesin the lifetime of A and C. Upon the death of B, C acquires a vestedright to obtain possession of the estate upon A's death. (v) A legacy is bequeathed to A when she shall attain the age of18, or shall marry under that age with the consent of B, with aproviso that, if she neither attains 18 nor marries under that agewith B's consent, the legacy shall go to C. A and C each take acontingent interest in the legacy. A attains the age of 18. A becomesabsolutely entitled to the legacy although she may have married under18 without the consent of B.96 (vi) An estate is bequeathed to A until he shall marry and afterthat event to B. B's interest in the bequest is contingent until thecondition is fulfilled by A's marrying. (vii) An estate is bequeathed to A until he shall take advantageof any law for the relief of insolvent debtors, and after that eventto B. B's interest in the bequest is contingent until A takesadvantage of such a law. (viii) An estate is bequeathed to A if he shall pay 500 rupees toB. A's interest in the bequest is contingent until he has paid 500rupees to B. (ix) A leaves his farm of Sultanpur Khurd to B, if B shall conveyhis own farm of Sultanpur Buzurg to C. B's interest in the bequest iscontingent until he has conveyed the latter farm to C. (x) A fund is bequeathed to A if B shall not marry C within fiveyears after the testator's death. A's interest in the legacy iscontingent until the condition is fulfilled by the expiration of thefive years without B's having married C, or by the occurrence withinthat period of an event which makes the fulfilment of the conditionimpossible. (xi) A fund is bequeathed to A if B shall not make any provisionfor him by will. The legacy is contingent until B's death. (xii) A bequeaths of B 500 rupees a year upon his attaining theage of 18, and directs that the interest, or a competent part thereof,shall be applied for his benefit until he reaches that age. The legacyis vested. (xiii) A bequeaths to B 500 rupees when he shall attain the ageof 18 and directs that a certain sum, out of another fund, shall beapplied for his maintenance until he arrives at that age. The legacyis contingent.
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