Indian Succession Act,1925

Act No : 39

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Section : Result of legatee rendering impossible or indefinitely postponing actfor which no time specified, and on non-perfromance of which subjectmatter to go over.

136. Result of legatee rendering impossible or indefinitelypostponing act for which no time specified, and on non-performance ofwhich subject matter to go over.-Where a bequest is made with acondition super-added that, unless the legatee shall perform a certainact, the subject-matter of102the bequest shall go to another person, or the bequest shall cease tohave effect but no time is specified for the performance of the act;if the legatee takes any step which renders impossible or indefinitelypostpones the performance of the act required, the legacy shall go asif the legatee had died without performing such act. Illustrations (i) A bequest is made to A, with a proviso that, unless he entersthe Army, the legacy shall go over to B. A takes Holy Orders, andthereby renders it impossible that he should fulfil the condition. Bis entitled to receive the legacy. (ii) A bequest is made to A, with a proviso that it shall ceaseto have any effect if he does not marry B's daughter. A marries astranger and thereby indefinitely postpones the fulfilment of theconditions. The bequest ceases to have effect.

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