Indian Succession Act,1925
Act No : 39
Section :
Survivorship in case of bequest to described class.
111. Survivorship in case of bequest to described class.-Where abequest is made simply to a described class of persons, the thingbequeathed shall go only to such as are alive at the testator's death. Exception.--If property is bequeathed to a class of personsdescribed as standing in a particular degree of kindred to a specifiedindividual, but their possession of it is deferred until a time laterthan the death of the testator by reason of a prior bequest orotherwise, the property shall at that time go to such of them as arethen alive, and to the representatives of any of them who have diedsince the death of the testator. Illustrations (i) A bequeaths 1,000 rupees to "the children of B" withoutsaying when it is to be distributed among them. B had died previous tothe date of the will, leaving three children, C, D and E. E died afterthe date of the will, but before the death of A. C and D survive A.The legacy will belong to C and D, to the exclusion of therepresentatives of E. (ii) A lease for years of a house, was bequeathed to A for hislife, and after his decease to the children of B. At the death of thetestator, B had two children living, C and D, and he never had anyother child. Afterwards, during the lifetime of A, C died, leaving E,his executor. D has survived A, D and E are jointly entitled to somuch of the leasehold term as remains unexpired. (iii) A sum of money was bequeathed to A for her life, and afterher decease to the children of B. At the death of the testator, B hadtwo children living, C and D, and, after that event, two children, Eand F, were born to B. C and E died in the lifetime of A, C havingmade a will, E having made no will. A has died, leaving D and Fsurviving her. The legacy is to be divided into four equal parts, oneof which is to be paid to the executor of C, one to D, one to theadministrator of E and one to F. (iv) A bequeaths one-third of his lands to B for his life, andafter his decease to the sisters of B. At the death of the testator, Bhad two sisters living, C and D, and after that event another sister Ewas born. C died during the life of B, D and E have survived B. One-third of A's land belong to D, E and the representatives of C, inequal shares. (v) A bequeaths 1,000 rupees to B for life and after his deathequally among the children of C. Up to the death of B, C had not hadany child. The bequest after the death of B is void. (vi) A bequeaths 1,000 rupees to "all the children born or to beborn" of B to be divided among them at the death of C. At the death ofthe testator, B has two children living, D and E. After the death ofthe testator, but in the lifetime of C, two other children, F and G,are born to B. After the death of C, another child is born to B. Thelegacy belongs to D, E, F and G, to the exclusion of the after-bornchild of B.90 (vii) A bequeaths a fund to the children of B, to be dividedamong them when the eldest shall attain majority. At the testator'sdeath, B had one child living, named C. He afterwards had two otherchildren, named D and E. E died, but C and D were living when Cattained majority. The fund belongs to C, D and the representatives ofE, to the exclusion of any child who may be born to B after C'sattaining majority.
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