Under illustration (vii) to section 100 of the Indian Succession Act, 1925, a testator makes a bequest…
Illustration (vii) to section 100 of the Indian Succession Act, 1925 treats this bequest as void. The result concerns the stated illustration. Section 100 is a rule of…
Choose your answer
Under illustration (vii) to section 100 of the Indian Succession Act, 1925, a testator makes a bequest to his child to be born of a woman who never becomes his wife. What is the effect of the bequest?
Answer and explanation
Correct answer B
Illustration (vii) to section 100 of the Indian Succession Act, 1925 treats this bequest as void.
The result concerns the stated illustration. Section 100 is a rule of construction that yields to a contrary intention shown by the will.
Option feedback
Option A
Illustration (vii) treats this bequest as void.
Option B
Illustration (vii) expressly makes the bequest void on these facts.
Option C
The statutory illustration treats it as void, without the need for someone to avoid it.
Option D
The woman is not named as the beneficiary and the illustration creates no substitute gift to her.
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Uttar Pradesh Higher Judicial Service