INDIAN SUCCESSION ACT, 1925 (MAHARASHTRA AMENDMENT)

Section 115 - Bequest to a class some of whom may come under rules in sections 113 and 114

If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113 or section 114, such bequest shall be [1] [void in regard to those persons only, and not in regard to the whole class].

Illustrations

(i)       A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A's children, therefore, is inoperative as to any child born after the testator's death; [2] [and in regard to those who do not attain the age of 25 within 18 years after A's death, but is operative in regard to the other children of A].

(ii)      A fund is bequeathed to A for his life, and after his death to B, C, D and all other children of A who shall attain the age of 25. B, C, D are children of A living at the testator's decease. In all other respects the case is the same as that supposed in Illustration (i). [3] [Although the mention of B, C and D does not prevent the bequest from being regarded as a bequest to a class, it is not wholly void. It is operative as regards any of the children B, C or D, who attains the age of 25 within 18 years after A's death.]

[STATE AMENDMENT]

GUJARAT AND MAHARASHTRA

In its application to the States of Gujarat and Maharashtra, in section 115, (in relation to trust, Wills and other testamentary dispositions), omit the Words " section 113or".-Bombay Act 54 of 1947, section 2 and schedule.

Section 116 - Bequest to take effect on failure of prior bequest

[4] [116. Bequest to take effect on failure of prior bequest

Where by reason of any of the rules contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in regard to such person or the whole of such class, any bequest contained in the same will and intended to take effect after or upon failure of such prior bequest is also void.]

Illustrations

(i)       A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, for his life, and after the decease of such son to B. A and B survive the testator. The bequest to B is intended to take effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void.

(ii)      A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, and if no son of A shall attain that age, to B. A and B survive the testator. The bequest to B is intended to take effect upon failure of the bequest to such of A's sons as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void.

STATE AMENDMENT

GUJARAT AND MAHARASHTRA

In its application to the States of Gujarat and Maharashtra in section 116, for the words "section 113 and", substitute" section" bombay Act 54 of 1947,section 3.

Schedule 3 - SCHEDULE 3

SCHEDULE III

[See section 57]

Provisions Of Part Vi Applicable To Certain Wills And Codicils Described In Section 57

Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 96, 98, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, [5] [117], 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189 and 190.

Restrictions and modifications in application of foregoing sections

1.        Nothing therein contained shall authorise a testator to bequeath property which he could not have alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the application of these sections, he could not deprive them by will.

2.        Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in property any interest which he could not have created before the first day of September, 1870.

3.        Nothing therein contained shall affect any law of adoption or intestate, succession.

4.        In applying section 70 the words "than by marriage or" shall be omitted.

5.        In applying any of the following sections, namely, sections seventy-five, seventy-six, one hundred and five, one hundred and nine, one hundred and eleven, one hundred and twelve, one hundred and thirteen, one hundred and fourteen, one hundred and fifteen, and one hundred and sixteen to such wills and codicils the words "son", "sons", "child", and "children" shall be deemed to include an adopted child; and the word "grand-children" shall be deemed to include the children, whether adopted or natural-born, of a child whether adopted or natural-born; and the expression "daughter-in-law" shall be deemed to include the wife of an adopted son.

STATE AMENDMENT

GUJARAT AND MAHARASHTRA

(i)       In its application to the State of Gujarat and Maharashtra ,-

(i) ???The words and figure "section 113," shall be omitted.

(ii) ???In CL. 5, the words " one hundred and thirteen" shall be omitted.-Bombay Act 54 of 1947, schedule.