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Report No. 110

17.2. Section 112-Bequests to person by particular description who is not in existence at testators death.-

Section 112 reads as under:-

"112. 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 answer is the description, the bequest is void.

Exception.-If property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reasons of a prior bequest or otherwise; and if a person answering the description is alive at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he is dead, to his representatives".1

This section needs no change.

1. Compare section 111, Exception.

The Indian Succession Act, 1925 Back

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