Which section of the Indian Succession Act, 1925 gives the general rule that a bequest to a person…
Section 112 of the Indian Succession Act, 1925 addresses the absence of a person answering a particular description at the testator’s death. Its exception can apply when a…
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Which section of the Indian Succession Act, 1925 gives the general rule that a bequest to a person identified by a particular description is void if nobody answering that description is in existence when the testator dies?
Answer and explanation
Correct answer B
Section 112 of the Indian Succession Act, 1925 addresses the absence of a person answering a particular description at the testator’s death.
Its exception can apply when a person is described by a degree of kindred to a specified person, possession is deferred and someone satisfying the description exists at the death or comes into existence before the later time.
Option feedback
Option A
Section 111 deals with survivorship for a bequest to a described class.
Option B
Section 112 states this general rule and provides a defined deferred-possession exception.
Option C
Section 114 limits remote vesting under the rule against perpetuity.
Option D
Section 116 concerns a later bequest that was intended to take effect after or upon failure of a prior bequest void under Section 113 or 114.
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Odisha Judicial Services