Under the Indian Succession Act, 1925, A fund is bequeathed to A for life, then to such of A's sons as…
Illustration (i) to section 116 holds that "The bequest to B is void." The prior gift to the son who first reaches 25 is void under section 114, and section 116 makes a…
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Under the Indian Succession Act, 1925, A fund is bequeathed to A for life, then to such of A's sons as first attains 25, for that son's life, and after that son's death to B. A and B survive the testator. What is the status of the gift to B?
Answer and explanation
Correct answer B
Illustration (i) to section 116 holds that "The bequest to B is void." The prior gift to the son who first reaches 25 is void under section 114, and section 116 makes a later gift in the same will, meant to take effect after or on failure of such a void gift, void as well. B's being alive at the testator's death does not save it.