Chapter XII, however, is concerned with a different topic, "void bequests" and by Section 100 it is provided: - "Where a bequest ... death, subject to a prior bequest contained in the will, the later bequest shall be void unless it comprises the whole of the remaining interest
death subject to a [162] prior bequest contained in the will, the latter bequest shall be void, unless it comprises the whole of the remaining ... taken from Part xii ("Of Void Bequests").
15. Section 99, by the exception, deals with gifts to persons described as standing
Bequest to person not in existence at testator's death subject to prior bequest:--Where a bequest is made to a person ... death, subject to a prior bequest contained in the Will, the later bequest shall be void, unless it comprises the whole of the remaining interest
bequest first to Shirinbai, for
her own use and benefit absolutely and forever and on
failure of that bequest, to make a bequest ... cannot apply to
this bequest. In the circumstances section 129 comes into
play and although the bequest to Shirinbai became void under
section
testator shall be
admitted.
xxx xxx xxx
89. Will or bequest void for uncertainty.- A
will or bequest not expressive of any definite intention
last ground urged by Shri Barua is that will is void bequest under Section 118 of the Indian Succession Act. Section 118 of the Indian ... such a bequest made by Hindu for charitable and religious purposes is not governed by this section. Such a bequest may be void under Section
Cases of bequests to a class may well be conceived in which, while the bequest to some members of the class is void ... delayed beyond their minority and that being so the bequest to them is void on this ground also. If so, Section 102 of the Indian
clearly opposed to the consistent line of authorities dealing with Hindu religious bequests Bhupatinath Smrithi Thirtha v. Ramlal Maitra, (1910) ILR 37 Cal 128 (FB) which ... testator's death, not does it make such a bequest void."
In Mukherjea's Hindu Law of Religious and Charitable Trust
sentient being capable of accepting it does not apply to a bequest to trustees for the establishment of an image and the worship ... death of the testator, nor does it make such a bequest void. Jenkins, C. J. at pages 139-40 referred to "the statement
ambiguous, a construction should be adopted which would not make the bequest void ; per Lord Finlay L. C. quoted by Lord Wright in the Chichester ... void for uncertainty. The learned Judges did not lay down that tbe doctrine applies to validate a waqf which otherwise would have bean void
