Justification for the ruleIf the property is removed to free and active traffic in the purpose of trade or improvement, it will be destroyed and become inalienable (non transferable). This rule was created to protect the property from disintegration and non-use. (iii) English Law-Indian Law Distinction According to English law, the acquisition could be delayed for up to 21 years. Section 114 allows the acquisition of the property to be delayed beyond death for either the testator or other persons. The exception is the minority who are still alive at the expiration of the period. To whom the property will be left, the property must be assigned. (iii). Legacies to persons affected Articles 113 or 114First, it is important to understand the subtle distinction between (1) legacy to “person”, (2) legacy to the “class”, and (3) legacy to the “person”. However, if the bequest goes to the Children (or A), it will be left to A’s children. A can have one or more children. Between them, they are all dead but were born after his death. No matter if they were alive or dead, all will be part of the “class”, the children of A. This “class” will also include (2) children born prior to the death or after the death.
This means that the “class” may only be one. However, it is possible for some people to be included while others might not. The testator’s “children”, A’s, receive the bequest. The testator’s “Children”, who were born after his death, will be exempted from the bequest. It is important to remember that Articles 113, 114 refer to bequests to persons (1) falling into or not falling into a particular ‘class. Section 115 clarifies that legacy recipients will only be those “persons” (1) falling into the “class” mentioned above, but (2) not being affected by sections 113 or 114. Others who fall within the “class” of (2) those affected by section 113 and/or 114 won’t receive the legacy. A further possibility is that the legacy and the will are not annulled by the application of Articles 113, 114. Both the legacy/s and will are functional. The only thing that is not operational is the Bequest portion, which affects people affected by sections 113 or 114. Illustrations: A is granted the interest in life. A’s children will be 25 years old by the time they turn 25. The bequest for the children of A (a), who are born after the demise of the testator, but (PS>) do not reach 25 years of age within 18 years of their death (see Section 117), will not be applicable. It will still be in effect for other people. 2. A receives the life-interest. The bequest will then be transferred to A’s children B, C, and D, who will all reach 25 years of age at the death of the testator.
Children A, B, and C (and all other children) will get the bequest. They will need to reach the age 18 in order to receive it (see section 117) after the death. (iv) If the previous legacy fails, the subsequent legacy is invalid.
Article 116 also follows the structure of Articles 113, 114. This article states that any legacy left to the heirs by prior heirs is null and void due to Articles 113, 114. A receives the life interest. The life interest in A’s Sons is then transferred to them, after they have reached 25. The legacy becomes B. The section 114 law renders the A’s legacy null to his sons. Accordingly, B’s subsequent legacy is null (Article116). (v. The limit on the time that the bequeathed asset and its income can accumulate.
