Does partial transfer to a class fails to all members of class
If a transfer is made in favour of a class, and such transfer becomes ineffective in favour of one person in that class, does the transfer, in favour of all the persons, fail ?
According to Section 15 of the Act, if a transfer is made in favour of a class and, it fails to take effect in favour of one or more persons in that class due to the reasons, stated in section 13 and 14 of the Act, the transfer, in favour of the rest of the people in the class, does not fail.Thus, the rest of the people of the class will still be able to get such property.
E.g. a fund is bequeathed to ”A” for his life. After his death, it will go to B, C, D and all other children of A, who shall attain the age 25. The gift to A”s children is a gift to a class.A survives the testator, and has some children, living at the time of the testator”s death. Each child of A,” at the testator”s death, must attain the age of 25 years (if at all) within the limits allowed for a bequest. However, A may have children, after the testator”s demise, some of whom may not attain age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A”s children, therefore, is inoperative with regard to any child, born after the testator”s death, in regard to those who who do not attain the age of 25 within 18 years after A”s death. However, it is operative with regard to the other children of A.
If any intrest is created in a person or class of persons that is to take effect on the failure of a prior transfer to some other person or class of persons, for some reasons but, such transfer fails for the reasons, stated in section 13 and 14 of the Act, in that case, according to Section 16 of the Act, the subsequent transfer also fails. However, the restriction in Section 16 does not apply in the case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety or any other object for the benefit of mankind.
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