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Report No. 110

18.4. Section 120, Exception.-

There is an Exception dealing with the case where a fund is be quashed to any person upon his attaining a particular age, and the will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs that the income, or so much of it as may be necessary, is to be applied for his benefit. In such a case, the bequest is not contingent. This negative provision in the Exception, of course, really means that the bequest vests at the time at which it would otherwise vest. Illustrations (xi) and (xiii) to the section bring out the applicability of the Exception.

It should however, be noted that the scope of the Exception is somewhat cut down by the provision in section 121, where a bequest is made to members of a class attaining a particular age.1 It is clear from the illustration to section 1212, that where a bequest is made to only such members of the class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy, (this is the provision in the section), and this rule applies even where the income of the share to which a particular child would be eventually, entitled, is directed to be applied for his maintenance and education till he attains a particular age. (This is contained in the illustration to section 121).

Thus, section 121 overrides the provision contained in the Exception to section 120. It appears to be desirable to bring out this aspect, i.e., the overriding effect of section 121 (as construed in the light of the illustration to that section) more clearly, by amending the Exception to section 120. Such an amendment seems to be advisable in order to avoid any apparent misconception that might otherwise be caused by the wide language of the Exception to section 120.

1. Section 121.

2. Para. 18.6.

The Indian Succession Act, 1925 Back

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