Vidhara

The Indian Succession Act, 1925

§115Bequest to a class some of whom may come under rules in sections 113 and 114

If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113 or section 114, such bequest shall be 1*[void in regard to those persons only, and not in regard to the whole class]. Illustrations (i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A's children, therefor, is inoperative as to any child born after the testator's death; 2*[and in regard to those who do not attain the age of 25 within 18 years after A's death, but is operative in regard to the other children of A]. (ii) A fund is bequeathed to A for his life, and after his death to B, C, D and all other children of A who shall attain the age of 25. B, C, D are children of A living at the testator's decease. In all other respects the case is the same as that supposed in Illustration (i). 2*[Although the mention of B, C and D does not prevent the bequest from being regarded as a bequest to a class, it is not wholly void. It is operative as regards any of the children B, C or D, who attains the age of 25 within 18 years after A's death.]

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Official text: India Code (official)

Official India Code text: The Indian Succession Act, 1925, English PDF (bitstream 123456789/19051/1/indian_succession_act_1925.pdf, 694,325 bytes, sha256 07fb374ab81026e8...) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-08-03. This PDF brackets its footnotes with drawn rules and renders superscript markers inline ("1*50. General principles…"), both of which are handled at ingest (D-062). Section 52 is absent because this edition does not print it — its own footnote records sections 50 to 56 being substituted by Act 17 of 1939. Extracted via pdftotext 26.07 -bbox and the @nexlex/ingest inline parser. Automated parse; footnotes and amendment history excluded. Spot-verified against the PDF; full clause-level proofread pending.

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