Indian Succession Act,1925
Act No : 39
Section :
Words expressing relationship denote only legitimate relatives orfailing such relatives reputed legitimate.
100. Words expressing relationship denote only legitimaterelatives or failing such relatives reputed legitimate.-In the absenceof any intimation to the contrary in a will, the word "child," theword "son," the word "daughter," or any word which expressesrelationship, is to be understood as denoting only a legitimaterelative, or, where there is no such legitimate relative, a person whohas acquired, at the date of the will, the reputation of being suchrelative.85 Illustrations (i) A having three children, B, C and D, of whom B and C arelegitimate and D is illegitimate, leaves his property to be equallydivided among "my children". The property belongs to B and C in equalshares, to the exclusion of D. (ii) A, having a niece of illegitimate birth, who has acquiredthe reputation of being his niece, and having no legitimate niece,bequeaths a sum of money to his niece. The illegitimate niece isentitled to the legacy. (iii) A, having in his will enumerated his children, and named asone of them B, who is illegitimate, leaves a legacy to "my saidchildren". B will take a share in the legacy along with the legitimatechildren. (iv) A leaves a legacy to "the children of B". B is dead and hasleft none but illegitimate children. All those who had at the date ofthe will acquired the reputation of being the children of B areobjects of the gift. (v) A bequeaths a legacy to "the children of B". B never had anylegitimate child. C and D had, at the date of the will, acquired thereputation of being children of B. After the date of the will andbefore the death of the testator, E and F were born, and acquired thereputation of being children of B. Only C and D are objects of thebequest. (vi) A makes a bequest in favour of his child by a certain woman,not his wife. B had acquired at the date of the will the reputation ofbeing the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favour of his child to be born of awoman who never becomes his wife. The bequest is void. (viii) A makes a bequest in favour of the child of which acertain woman, not married to him, is pregnant. The bequest is void.
Read All Comments
