Report No. 110

17.3. Section 113-Bequest to person not in existence at testator's death subject to prior equest.-

This takes us to section 113. It reads as under:-

"113. 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 latter bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed."

The section broadly corresponds to section 13 of the Transfer of Property Act. Section 13 of the Transfer of property Act, 1882, provides as under:-

"13. Where, on a transfer of property, an interest therein created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property".