Indian Succession Act,1925

Act No : 39

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Section : Original bequest not affected by invalidity of second.

133. Original bequest not affected by invalidity of second.-Ifthe ulterior bequest be not valid the original bequest is not affectedby it. Illustrations (i) An estate is bequeathed to A for his life with conditionsuper-added that, if he shall not on a given day walk 100 miles in anhour, the estate shall go to B. The condition being void, A retainshis estate as if no condition had been inserted in the will. (ii) An estate is bequeathed to A for her life and, if she do notdesert her husband, to B. A is entitled to the estate during her lifeas if no condition had been inserted in the will. (iii) An estate is bequeathed to A for life, and, if he marries,to the eldest son of B for life. B, at the date of the testator'sdeath, had not had a son. The bequest over is void under section 105,and A is entitled to the estate during his life.

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