Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate

Section 100 of the Indian Succession Act, 1925 deals with words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate. In the absence of any intimation to the contrary in a will, the word "child," the word "son", the word "daughter" or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the da The Act came into force on 30 Sep 1925.

In the absence of any intimation to the contrary in a will, the word "child," the word "son", the word "daughter" or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the Will, the reputation of being such relative.

Illustrations

(i) A having three children, B, C and A of whom B and Care legitimate and D is illegitimate leaves his property to be equally divided among "my children". The property belongs to B and C in equal shares, to the exclusion of D.

(ii) A, having a niece of illegitimate birth, who has acquired the reputation of being his niece and having no legitimate niece, bequeaths a sum of money to his niece. The illegitimate niece is entitled to the legacy.

(iii) A, having in his Will enumerated his children, and named as one of them B, who is illegitimate, leaves a legacy to "my said children". B Will take a share in the legacy along with the legitimate children.

(iv) A leaves a legacy to "the children of B". B is dead and has left none but illegitimate children. All those who had at the date of the Will acquired the reputation of being the children of B are objects of the gift.

(v) A bequeaths a legacy to "the children of B". B never had any legitimate child. C and D had, at the date of the Will, acquired the reputation of being children of B. After the date of the Will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest.

(vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the Will the reputation of being the child of A by the woman designated. B takes the legacy.

(vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void.

(viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void.

Section 100, The Indian Succession Act, 1925 (Act 39 of 1925).