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Report No. 110

17.8. Recommendation as to section 113, Succession Act.-

We have quoted in extenso the discussion in the earlier Report of the Law Commission, as the reasoning is equally applicable to section 113 of the Succession Act. In fact, the decision in Sopher's case1, which was one of the important background materials considered in the earlier Report, was rendered on a construction of section 113 of the Succession Act.

In the light of the above discussion, we recommend that section 113 should be amended on the lines stated above, if it is not deleted totally.

1. Sopher's v. Adminstrator-Genral of Bengal, AIR 1944 PC 67.

17.9. Section 114-Rule against perpetuity.-

This takes us to section 114. Section 114 provides that 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.

The Indian Succession Act, 1925 Back

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