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Report No. 110

17.13. Section 117-Effect of direction for accumulation.-

Section 117 provides as follows:-

"117. (1) Where the terms of a will direct that the income arising from any property shall be accumulated 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 income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed.

(2) This section shall not affect any direction for accumulation for the purpose of:-

(i) the payment of the debts of the testator or any other person taking any interest under the will; or

(ii) the provisions of portions for children or remoter issue of the testator or of any other person taking any interest under the will, or

(iii) the preservation or maintenance of any property bequeathed; and such direction may be made accordingly." The section needs no change.

The Indian Succession Act, 1925 Back

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