The testator had marsh-lands lying in L, some of which were in the occupation of X, and some not in the occupation of X. (viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. (iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion. (iv) Property is bequeathed to A or his heirs. Section 117 allows a child apply to court to challenge the will of their parent and claim that the parent has not provided for them under their will or otherwise in accordance with the parent’s moral obligation to do so in light of the parents means. 84. If a testator says "I bequeath goods to A," or "I bequeath to A," or "I leave to A all the goods mentioned in the Schedule" and no Schedule is found, or "I bequeath "money,' 'wheat,' 'oil,'" or the like, without saying how much, this is void. The widow dies without having made any appointment. Constitution of residuary legatee.- A residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property. B is entitled to receive the legacy, and will apply it in the first place to the discharge of such part of A's debts as may remain unpaid: if there be any surplus B will pay it to those persons who at A's death would have been entitled to receive any property of A's which might remain after payment of his debts, or to the representatives of such persons. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. B is constituted residuary legatee. (ii) A bequeaths a legacy "to Thomas, the second son of my brother John". Explanation 4.--No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing. The legacy will belong to C and D, to the exclusion of the representatives of E. (ii) A lease for years of a house, was bequeathed to A for his life, and after his decease to the children of B. Previous Document. (i) A having three children, B, C and D, of whom B and C are legitimate and D is illegitimate, leaves his property to be equally divided among "my children". A dies in the lifetime of the testator; B survives the testator. (ii) A bequest is made to A and his brothers. B takes nothing. Explanation.--In judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 78 shall be deemed to have been struck out of the will. a surviving spouse‘s legal right share to a deceased spouse‘s estate is absolute. (iii) A bequeaths to B rupees, or "my estate of ". After the death of C, another child is born to B. Such wills are called privileged wills. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.- Where there is an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall be admitted. CHAPTER I: Introductory. Section 111 of the Succession Act, 1965 states: 111. (i) The testator gives to B a specific fund or property at the death of A, and by a subsequent clause gives the whole of his property to A. The legacy goes to B. No part rejected, if can be it reasonably construed.- No part of a will shall be rejected as destitute of meaning if it is possible to put a reasonable construction upon it. 93. The Hon’ble Supreme Court stuck to order dated 15.05.2018, wherein the whole procedure to be adopted was exhaustively laid down: SC Order dated-24.05.2018. A afterwards made a codicil to his will, and thereby, after giving other leagacies, he bequeathed to C the diamond ring which was given him by B. It is dynamic. (iii) A, being very feeble and debilitated, but capable of exercising a judgment as to the proper mode of disposing of his property, makes a will. He is a mariner, and, being at sea, can make a privileged will. By his will he bequeaths 1,000 rupees to "my aunt, Caroline" and 1,000 rupees to "my cousin, Mary" and afterwards bequeaths 2,000 rupees to "my before-mentioned aunt, Mary". 111. B is entitled to the two legacies and the zamindari as part of the residue. 1302, Tower-2, 13th Floor, Supreme Towers, Sector-99, NOIDA- 201303, India. A dies before the testator. Rules of construction where will purports to make two bequests to same person.- Where a will purports to make two bequests to the same person, and a question arises whether the testator intended to make the second bequest instead of or in addition to the first; if there is nothing in the will to show what he intended, the following rules shall have effect in determining the construction to be put upon the will:--. 86. Revocation of will by testator's marriage.- Every will shall be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy. 102. 78. (ii) A bequeaths 1,000 rupees to leaving a blank for the name of the legatee. The 1965 Act imposed significant restrictions on this “testamentary freedom.” Section 117 is contained in Part 9 of the Succession Act 1965 which is headed “Legal Right of Testator’s Spouse and Provision for Children.” The policy underlying Part 9 of the 1965 Act is to protect the spouse and children of a testator from being completely 57. (2) The execution of privileged wills shall be governed by the following rules:--. Explanation.--Where a man is invested with power to determine the disposition of property of which he is not the owner, he is said to have power to appoint such property. He is a soldier actually employed in an expedition, and can make a privileged will. A dies before the testator. (ii) A makes his will, with the following passage at the end of it:--"I believe there will be found sufficient in my banker's hands to defray and discharge my debts, which I hereby, desire B to do, and keep the residue for her own use and pleasure." (iv) A sum of money is bequeathed to A for life, and after his death to B. B takes the legacy. B is constituted the residuary legatee. The legacy to A and his children lapses. (i) A man, having two cousins of the name of Mary, bequeaths a sum of money to "my cousin Mary". Legacy does not lapse if one of two joint legatees die before testator.- If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole. The property goes to those who would be entitled to it if A had died intestate, leaving assets for the payment of his debts independently of such property. The measurement will be considered as struck out of the will, and such of the testator's marsh-lands lying in L as were in the occupation of X shall alone pass by the bequest. (iii) A, by his will, bequeathed to B all his household furniture, plate, linen, china, books, pictures and all other goods of whatever kind; and afterwards bequeathed to B a specified part of his property. Explanation 1.--A married woman may dispose by will of any property which she could alienate by her own act during her life. Upon A's death the bequest to the heirs of B takes effect. Words describing subject refer to property answering description at testator's death.- The description contained in a will will of property, the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator. NOIDA Office:- Suite No. A survives the testator.

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