If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113 or section 114, such bequest shall be 1[void in regard to those persons only, and not in regard to the whole class].
Illustrations:
(i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A's children, therefore, is inoperative as to any child born after the testator's death; 2[and in regard to those who do not attain the age of 25 within 18 years after A's death, but is operative in regard to the other children of A].
(ii) A fund is bequeathed to A for his life, and after his death to B, C, D and all other children of A who shall attain the age of 25. B, C, D are children of A living at the testator's decease. In all other respects the case is the same as that supposed in Illustration (i). 2[Although the mention of B, C and D does not prevent the bequest from being regarded as a bequest to a class, it is not wholly void. It is operative as regards any of the children B, C or D, who attain the age of 25 within 18 years after A's death].
Legal Commentary & Landmark Judgments: Section 115
Section 115 regulates bequests to a class where some members violate Section 113 or 114, preserving the bequest for eligible members while severing the invalid members.
The Indian legislature amended Section 115 by Act 18 of 1929 to abolish that harsh common law rule. Under Section 115, if a bequest is made to a class of persons with respect to some of whom it is inoperative by reason of the persons not being in existence (Section 113) or by reason of the rule against perpetuities (Section 114), such bequest shall be inoperative in respect to such persons only, and shall not be void in its entirety. The eligible members of the class take their shares safely.
Section 115 provides vital statutory salvage for family trusts. If a grandfather leaves a fund to all his grandchildren, including those born after his death, and sets an invalid vesting condition that fails for future grandchildren under Section 114, the living grandchildren are not penalized; under Section 115, the bequest remains fully valid for the living grandchildren.