Bequest to a class some of whom may come under rules in sections 113 and 114
Section 115 of the Indian Succession Act, 1925 deals with bequest 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 [void in regard to those persons only, and not in regard to the whole class]. The Act came into force on 30 Sep 1925.
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, therefore, 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 Al
(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 attain the age of 25 within 18 years after A's death].
Section 115, The Indian Succession Act, 1925 (Act 39 of 1925).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 115
What does Section 115 of the Indian Succession Act deal with?
Section 115 of the Indian Succession Act is headed "Bequest 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 [void in regard to those persons only, and not in regard to the whole class].
How do I find court cases under Section 115 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 115, section 115 Succession Act, section 115 of the Indian Succession Act. People searching for it also type section 115 of indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 115 of the Indian Succession Act, and has it changed?
Its own text turns on section 113 (Bequest to person not in existence at testator’s death subject to prior bequest), section 114 (Rule against perpetuity), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 115 of the Indian Succession Act come into force?
Section 115 of the Indian Succession Act, cited as Succession Act 115, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.