A, a Christian whose succession is governed by Part V of the Indian Succession Act, 1925, bequeaths…
Illustration (iv) to section 30 holds that A "has died intestate in respect of the distribution of 1,000 rupees". The gift to C's eldest son fails because no such person…
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A, a Christian whose succession is governed by Part V of the Indian Succession Act, 1925, bequeaths 1,000 rupees to B and 1,000 rupees to the eldest son of C, and makes no other bequest. A dies leaving 2,000 rupees and no other property. C had died before A without ever having had a son. What is the legal position?
Answer and explanation
Correct answer C
Illustration (iv) to section 30 holds that A "has died intestate in respect of the distribution of 1,000 rupees". The gift to C's eldest son fails because no such person ever existed, so that sum is not disposed of by a disposition capable of taking effect. The valid legacy to B stands, and the failed sum neither swells B's legacy nor passes to C's heirs; it goes on intestacy.