Indian Succession Act,1925
Act No : 39
Section :
Fulfilment of condition precedent to vesting of legacy.
128. Fulfilment of condition precedent to vesting of legacy.-Where a will imposes a condition to be fulfilled before the legateecan take a vested interest in the thing bequeathed, the conditionshall be considered to have been fulfilled if it has beensubstantially complied with. Illustrations (i) A legacy is bequeathed to A on condition that he shall marrywith the consent of B, C, D and E. A marries with the written consentof B. C is present at the marriage. D sends a present to A previous tothe marriage. E has been personally informed by A of his intentions,and has made no objection. A has fulfilled the condition.99 (ii) A legacy is bequeathed to A on condition that he shall marrywith the consent of B, C and D. D dies. A marries with the consent ofB and C. A has fulfilled the condition. (iii) A legacy is bequeathed to A on condition that he shallmarry with the consent of B, C and D. A marries in the lifetime of B,C and D, with the consent of B and C only. A has not fulfilled thecondition. (iv) A legacy is bequeathed to A on condition that he shall marrywith the consent of B, C and D. A obtains the unconditional assent ofB, C and D to his marriage with E. Afterwards B, C and D capriciouslyretract their consent. A marries E. A has fulfilled the condition. (v) A legacy is bequeathed to A on condition that he shall marrywith the consent of B, C and D. A marries without the consent of B, Cand D, but obtains their consent after the marriage. A has notfulfilled the condition. (vi) A makes his will whereby he bequeaths a sum of money to B ifB shall marry with the consent of A's executors. B marries during thelifetime of A, and A afterwards expresses his approbation of themarriage. A dies. The bequest to B takes effect. (vii) A legacy is bequeathed to A if he executes a certaindocument within a time specified in the will. The document is executedby A within a reasonable time, but not within the time specified inthe will. A has not performed the condition, and is not entitled toreceive the legacy.
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