Indian Succession Act,1925

Act No : 39

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Section : Direction that mode of enjoyment of absolute bequest is to berestricted, to secure specified benefit for legatee.

139. Direction that mode of enjoyment of absolute bequest is tobe restricted, to secure specified benefit for legatee.-Where atestator absolutely bequeaths a fund, so as to sever it from his ownestate, but directs that the mode of enjoyment of it by the legateeshall be restricted so as to secure a specified benefit for103the legatee; if that benefit cannot be obtained for the legatee, thefund belongs to him as if the will had contained no such direction. Illustrations (i) A bequeaths the residue of his property to be divided equallyamong his daughters, and directs that the shares of the daughtersshall be settled upon themselves respectively for life and be paid totheir children after their death. All the daughters die unmarried. Therepresentatives of each daughter are entitled to her share of theresidue. (ii) A directs his trustees to raise a sum of money for hisdaughter, and he then directs that they shall invest the fund and paythe income arising from it to her life, and divide the principal amongher children after her death. The daughter dies without having everhad a child. Her representatives are entitled to the fund.

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