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Report No. 110

Chapter 18

Vesting of Legacies (Sections 119 to 121)

18.1. Sections 119 to 121.-

Certain fundamental rules as to the vesting of legacies are enacted in sections 119 to 121.

Where a legacy is given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of death of the testator. This principle, already enacted in the Chapter1 relating with rules for the construction of wills, finds reiteration in section 119, which provides, in effect, that this rule applies even if the legatee is not entitled to immediate possession of the thing bequeathed, unless a contrary intention appears from the will.

The date of vesting when the legacy is contingent upon a specified uncertain event is dealt within section 120. Under section 121, where the bequests are made to members of a class who attain a particular age, a person who has not attained that age cannot have a vested interest in the legacy.

1. Section 104.

The Indian Succession Act, 1925 Back

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