A will leaves a legacy to A and provides that, in case of A’s death, it goes to B. It specifies no…
Illustration (i) to Section 124 of the Indian Succession Act, 1925 gives this result. With no other period specified in this disposition, A’s survival of the testator…
Choose your answer
A will leaves a legacy to A and provides that, in case of A’s death, it goes to B. It specifies no other time for that condition. A survives the testator. What happens to the bequest to B?
Answer and explanation
Correct answer B
Illustration (i) to Section 124 of the Indian Succession Act, 1925 gives this result. With no other period specified in this disposition, A’s survival of the testator prevents the substitutionary gift to B from taking effect.
B therefore has no vested or deferred gift on these facts, and no act of A’s representatives is relevant.
Option feedback
Option A
A’s survival prevents the contingency from operating in B’s favour.
Option B
Under the statutory illustration, the substitutionary gift does not take effect when A survives the testator.
Option C
The will creates no successive interest in B merely because A later dies.
Option D
Consent of A’s representatives is not the condition for the gift.
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Odisha Judicial Services