This Act to constitute law of British India in cases of Intestate or Testa 8 9 IO II 12 13 14 Succession to moveable property in British India, in absence of proof of domicile elsewhere Persons held for purpose of succession to be similarly related to deceased PART IV. OF INTESTACY. As to what property deceased is considered to have died intestate 20 24 SECTION Where intestate has left widow and lineal descendants, or widow and PART V. OF THE DISTRIBUTION OF AN INTESTATE'S PROPERTY. (a) Where he has left lineal Descendants. Rules of distribution Where intestate has left child or children only 27 28 29 30 Where intestate has left no child, but grandchild or grandchildren Where intestate has left only great-grandchildren or lineal descendants in remoter degree 31 32 Where intestate leaves lineal descendants not all in same degree, and those through whom more remote descend are dead 33 (b) Where the intestate has left no lineal Descendants. Where intestate has left no lineal descendants Where intestate's father is living Where intestate's father is dead, but his mother, brothers and sisters are living 39 Where intestate's father is dead, and his mother, a brother or sister, and children of any deceased brother or sister are living. Where intestate's father is dead, and his mother and the children of any deceased brother or sister are living Where intestate's father is dead, but his mother is living and there is no brother nor sister nor nephew. Where intestate has left neither lineal descendant nor father nor mother. 40 Where intestate has left neither lineal descendant, nor parent, nor brother OF THE EFFECT OF MARRIAGE AND MARRIAGE SETTLEMENTS ON PROPERTY. Rights of widower and widow respectively No rights to property not comprised in an antenuptial settlement acquired by marriage between a person domiciled and person not domiciled in British India . Settlement of minor's property in contemplation of marriage Revocation of unprivileged Will or Codicil Effect of obliteration, interlineation, or alteration in unprivileged Will Extent of revival of Will or Codicil partly revoked and afterwards wholly revoked. 54 55 56 ib. ib. PART XI. OF THE CONSTRUCTION OF WILLS. Wording of Will Enquiries to determine questions as to object or subject of Will 61 62 63 Extrinsic evidence admissible in case of latent ambiguity. 67 68 69 When words may be understood in a restricted sense, and when in a sense Where a clause open to two constructions No part of Will to be rejected, if capable of reasonable construction. Interpretation of words repeated in different parts of Will The last of two inconsistent clauses prevails Will or bequest void for uncertainty SECTION Words describing subject refer to property answering that description at testator's death. Power of appointment executed by general bequest Implied gift to the objects of power in default of appointment. Bequest in alternative Effect of words describing class added to bequest to person Construction of terms 77 78 79 80 81 82 83 Words expressing relationship denote only legitimate relatives, or failing such, relatives reputed legitimate Construction where Will purports to make two bequests to same person Property to which residuary legatee entitled Time of vesting of legacy in general terms When legacy lapses 84 & 87 88 89 90 91 92 Effect, in such case, of words showing intention that shares should be distinct 94 Bequest to A for benefit of B does not lapse by A's death in testator's lifetime 95 PART XII. OF VOID BEQUESTS. Bequest to person by particular description, who does not exist at testator's Bequest to person not existing at testator's death, subject to prior bequest 100 Rule against perpetuity Bequest to a class, of which some may come under rules in Sections 100 and 101 Bequest to take effect on failure of bequest void under Sections 100, 101 102 Effect of direction for accumulation . Bequest to religious or charitable uses PART XIII. OF THE VESTING OF LEGACIES. Date of vesting of legacy when payment or possession postponed . 103 . 104 . 105 106 SECTION Date of vesting when legacy is contingent upon specified uncertain event. 107 Vesting of interest in bequest to such members of class as attain a particular age . 108 PART XIV. OF ONEROUS BEQUESTS. Onerous bequest One of two separate and independent bequests to same person may be accepted, and the other refused. PART XV. 109 . OF CONTINGENT BEQUESTS. . . III Bequest contingent upon specified uncertain event, no time being men- . II2 PART XVI. OF CONDITIONAL BEQUESTS. Bequest upon impossible condition Bequest upon illegal or immoral condition Fulfilment of condition precedent to vesting of legacy Second bequest intended to take effect only where first fails in particular manner Bequest over, conditional upon happening or not happening of specified uncertain event Condition must be strictly fulfilled Original bequest not affected by invalidity of second. Bequest conditioned that it shall cease to have effect in case specified uncertain event shall happen or not happen Such condition must not be invalid under Section 107 Performance of condition, precedent or subsequent, within specified time PART XVII. OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT. Direction that funds be employed in particular manner following absolute bequest of same to or for benefit of any person . 113 . 114 115 . 116 |