Will - Under Indian Succession Act
4. Transfer to a class some of whom may come under above rules.
If a bequest is made to a class of persons with regard to some of whom it is inoperative by reasons of the fact that the person is not in existence at the testator's death or to create perpetuity, such bequest shall be void in regard to those persons only and not in regard to the whole class.
A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. the bequest to A's children, therefore, is inoperative as to any child born after the testator's death; and in regard to those who do not attain the age of 25 within 18 years after A' death, but is operative in regard to the other children of A.
5 Transfer to take effect on failure of prior Transfer.
Where by reason of any of the rules contained in sections 113 and 114 and bequest in favor of a person of a class of persons is void in regard to such person or the whole of such class, any bequest contained in the same will and intended to take effect after or upon failure of such prior bequest is also void.
A fund is bequeathed to A for his life, and after his death to such of his sons and shall first attain the age of 25, for his life, and after the decease of such son to B. A and B survive the testator. The bequest to B is intended to take effect after the bequest to such of the sons of A as shall first attain the age of 25.The bequest to B is void.
6 Effect of direction for accumulation.
Where the terms of a will direct that the income arising from any property shall be accumulation either wholly or in part during any period longer than a period of eighteen years from the death of the testator, such direction shall, save as hereinafter provided be void to the extent to which the period during which the accumulation is directed exceeds the aforesaid period, and at the end of such period of eighteen years the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed.
However, this will not affect any direction for accumulation for the purpose of -
- The payment of the debts of the testator or any other person taking any interest under the will; or
- The provision of portions for children or remoter issue of the testator or of any other person taking any interest under the will; or
- The preservation or maintenance of any property bequeathed; and such direction may be made accordingly. This rule provides that accumulation of income arising from any property bequeathed should come to an end or be determinable on the beneficiaries attaining vested interests within the perpetuity period. If the direction in the will for accumulation exceeds 18 years, the direction will be void to the extent of the period which exceeds 18 years. At the end of 18 years, the property and the income will be payable as per directions in the will. However, this rule is not applicable where the direction in a will is for the purposes of payment of the testator's debts or of any other person taking interest under the will or for the raising portion for any child, children or remoter issue of the testator or for preserving or maintaining houses and tenements or charity.