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Section 121: Vesting of interest in bequest to such members of a class as shall have attained particular age

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 120 All 391 Sections of Indian Succession Act Section 122

Legal Commentary & Landmark Judgments: Section 121

Section 121 governs the vesting of interest in a bequest made to such members of a class as shall have attained a particular age, establishing when the interest becomes vested or remains contingent.

  • Class Gifts with Age Contingency: Where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age does not acquire a vested interest in the bequest.
  • Contingent Until Age Reached: The interest remains contingent until the beneficiary reaches the stipulated age; if the beneficiary dies before attaining that age, the bequest lapses and does not pass to his heirs.
  • Interim Income Accumulation: Unless the will directs maintenance or interim interest payments, the intermediate income accumulates and follows the capital of the bequest.
Key Landmark Precedents:
  • Sreemutty Soorjeemoney Dossee v. Denobundoo Mullick (1862) 9 MIA 123: The Privy Council established that testamentary conditions postponing vesting until a specified age are fully valid and enforceable under Indian succession jurisprudence.
  • Rajendra Prasad v. Gopal Prasad (1930) 10 Pat 212: Held that where a bequest is conditioned on attaining the age of 21, no transmissible vested right accrues if the legatee dies at age 19.
Courtroom Practice & Strategic Litigation Guidance:

In drafting testamentary trusts for minor grandchildren, counsel should specify whether interim income may be applied for education and maintenance; absent an express direction, Section 121 freezes the fund until each grandchild achieves the designated age.

Section 120 All 391 Sections of Indian Succession Act Section 122