Where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such as are alive at the testator's death.
Exception.-If property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have died since the death of the testator.
Illustrations:
(i) A bequeaths 1,000 rupees to "the children of B" without saying when it is to be distributed among them. B had died previous to the date of the will, leaving three children, C, D and E. E died after the date of the will, but before the death of A. C and D survive A. 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. At the death of the testator, B had two children living, C and D, and he never had any other child. Afterwards, during the lifetime of A, C died, leaving E, his executor. D has survived A, D and E are jointly entitled to so much of the leasehold term as remains unexpired.
(iii) A sum of money was bequeathed to A for her life, and after her decease to the children of 13. At the death of the testator, B had two children living, C and D, and, after that event, two children, E and F, were born to B. C and E died in the lifetime of A, C having made a will, E having made no will. A has died, leaving D and F surviving her. The legacy is to be divided into four equal parts, one of which is to be paid to the executor of C, one to D, one to the administrator of E and oneto F.
(iv) A bequeaths one-third of his lands to B for his life, and after his decease to the sisters of B. At the death of the testator, B had two sisters living, C and D, and after that event another sister E was born. C died during the life of B, D and E have survived B. One-third of A's land belong to D, E and the representatives of C, in, equal shares.
(v) A bequeaths 1,000 rupees to B for life and after his death equally among the children of C. Up to the death of B, C had not had any child. The bequest after the death of B is void.
(vi) A bequeaths 1,000 rupees to "all the children born or to be born" of B to be divided among them at the death of C. At the death of the testator, B has two children living, D and E. After the death of the testator, but in the lifetime of C, two other children, F and G, are born to B. After the death of C, another child is horn to B. The legacy belongs to D, E, F and G, to the exclusion of the after-born child of B.
(vii) A bequeaths a fund to the children of B, to be divided among them when the eldest shall attain majority. At the testator's death, B had one child living, named C. He afterwards had two other children, named D and E. E died, but C and D were living when C attained majority. The fund belongs to C, D and the representatives of E, to the exclusion of any child who may be born to B after C's attaining majority.
Legal Commentary & Landmark Judgments: Section 111
Section 111 regulates survivorship in class bequests, enacting that where a bequest is made to a described class, the thing bequeathed goes only to those class members who are alive at the testator's death.
Under this section, if any member of the class dies before the testator, that member's potential share does not lapse under Section 105; instead, the entire subject of the bequest goes to the surviving members of the class. The class is determined at the moment of death, and the survivors divide the entire fund among themselves, preventing partial lapse.
Section 111 is the vital distinction between gifts to individuals nominatim (by name) and gifts to a class. If a will gives Rs. 10 lakhs 'to A, B, and C', and A dies, A's share lapses under Section 107. But if the will gives Rs. 10 lakhs 'to the children of my brother' (who happen to be A, B, and C), and A dies, Section 111 applies: B and C take the entire Rs. 10 lakhs (Rs. 5 lakhs each) by survivorship!