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Will - Under Indian Succession Act


Beneficiary Under a Will

Any person capable of holding property can be devisee under a will and therefore a minor, lunatic, a corporation, a Hindu deity or any other juristic person can be a devisee

 

Restrictions:

The Indian Succession Act imposes restrictions in certain cases.

 

1. Transfer to person by particular description, who is not in existence at testator's death.

Where a bequest is made to a person by a particular description, and there is no person in existence at the testator's death who answers that description, the bequest is void.

For example, If A bequests 1000 rupees to the eldest son of B. At the death of A, the testator, B has no son. The bequest is void.

 

2. Transfer to person not in existence at testator's death subject to prior bequest.

Where a bequest is made to a person not in existence at the time of the testator's death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed.

For example, If property is bequeathed to A for life, and after his death to his eldest son for life, and after the later's death to his eldest son. At the time of the testator's death, A has no son. Here the bequest to A's eldest son is a bequest to a person not in existence at the testators death. It is not a bequest of the whole interest that remains to the testator. The bequest to A's eldest son for life is void.

 

3. Transfer made to create perpetuity.

No bequest is valid whereby the vesting of the thing bequeathed may be delayed beyond the lifetime of one or more persons living at the testator's death and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the thing bequeathed is to belong.

For example, A fund is given to A for his life and after his death to B for his life; and after B's death to such of the sons of B as shall first attain the age of 25. A and B survive the testator. The son of B who shall first attain the age of 25 may be a son born after the death of the testator; and such son may not attain age of 25 until more than 18 years have elapsed from the death of and B. The vesting of fund may thus be delayed beyond the lifetime of A and B and the minority of the sons of B. The bequest after B's death is void.



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