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Rule Against Perpetuity

  • Category: Law
  • Topic: Common Law
  • Pages: 2
  • Words: 758
  • Published: 11 February 2019
  • Downloads: 41
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Justification of the ruleIf the property is removed from free and active traffic for the purposes of trade and improvement, it will fall into ruin and the property will become inalienable (non-transferable). Therefore, to save the property of disintegration, non-use, research, this rule is promulgated in the best interest and on public policy.(ii) English Law – Indian Law – Distinction Under English law, the acquisition of the property could be postponed for a number of times and an additional 21 years. Section 114 allows the acquisition to be delayed beyond the life of the person or persons living at the time of the death of the testator and the minority of certain persons who will exist at the end of the period and to whom he reaches the age of 18, the property bequeathed is to belong.(iii) Legacies to persons affected by Articles 113 and 114First of all, it is necessary to appreciate the subtle difference between (1) legacy to “person” (2) legacy to “class” and (3) “people not falling in the class if the legacy is given to” A “is legacy to ‘Person’. But if the bequest is given to the Children of A, it is bequeathed to ‘classify’ people who are the children of A. If A has children, some of them, living at the time of the death of the Testator and some of them. between them, not living but born after the death of the Testator. No doubt, whether they were born before or after the death of the Testator, all will be included in the “class” of the children of A. But this “class” will include (1) children born after the death of the testator and (2) children born before the death of the Testator.

This means that although the “class” is one, in some cases some people may be included and others may not be included. For example, the bequest is given to A’s “children” who live at the time of the testator’s death. The ‘Children’ of A born after the death of the Testator will be excluded despite the fact that they fall into the ‘Class’ of the children of A. After noting the subtle difference of Legs to ‘Person’, Legacy to ‘Rank’ and ‘People not falling in the’ class ‘, it is necessary to note that Articles 113 and 114, refers to bequests to’ persons (1) falling or (2) not falling into a given ‘class’ . The purpose of section 115 is to clarify that “persons” (1) who fall into the given “class” but (2) who are not affected by sections 113 and 114 will receive the legacy. Other persons (1) in the “class” but (2) affected by sections 113 and 114 will not receive the legacy. It can also be said that by applying Articles 113 and 114, neither the will nor the legacy are annulled. The legacy / s and the will, both are operational. What is inoperative is a part of Bequest, which concerns people who are affected by sections 113 and 114.illustrations:1. The interest of life is given to A. Thereafter, the children of A will reach the age of 25 years.

The bequest to the children of A (a) born after the death of the testator and (£>) not reaching the age of 25 within 18 years after the death of the testator (see section 117) will be inoperative. But it will be operational with respect to others.2. The life interest is given to A. Thereafter, B, C, D and all the other children of A, who will reach the age of 25 at the time of death (of the testator), will take the bequest.

Children B, C and D (and all others) will receive the bequest, but they will have to reach the age of 25 in the age of 18 (see section 117) after the death of the testator.(iv) The subsequent legacy fails if it fails earlier.

Article 116 is also structured around the provisions of Articles 113 and 114. It stipulates that if prior legacies are void because of the provisions of Articles 113 and 114, the subsequent legacy is also annulled. For example, the interest of life is given to A. Subsequently, the life interest is given to A’s Sons, first reaching the age of 25. Subsequently, the legacy is B. The legacy to those of A’s sons, who will first reach the age of 25, is void under section 114. As such, the subsequent legacy to B is also void (Article 116).(v) Limitation period for the accumulation of the bequeathed property and its income.

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