Section 111 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Wills often leave property to a group rather than to named people: "the children of my brother", "my nephews", "the sisters of my friend". Section 111 settles who is in the group when the testator dies, and what changes when the group's enjoyment is put off to a later date.
As per the text of the Act consulted, where a bequest is made simply to a described class of persons, the thing bequeathed goes only to such as are alive at the testator's death. The Exception covers property left to a class described by a particular degree of kindred to a specified individual, where their possession is deferred beyond the testator's death by a prior bequest or otherwise: it then goes to those alive at that later time, and to the representatives of any who have died since the testator's death.
The main rule
The first paragraph of section 111 says that 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".
Two things are plain from the words. A person who died before the testator is not in the class, and the share he would have had does not pass to his representatives. And a person born after the testator's death is not in the class either. The class is closed on the day of the death.
The Act's first illustration shows this. A bequeaths 1,000 rupees to the children of B, without saying when it is to be distributed among them. B had died before the date of the will, leaving three children, C, D and E. E dies after the date of the will but before A's death. C and D survive A. The legacy belongs to C and D, to the exclusion of the representative of E.
Compare section 105(1), which says a legacy lapses if the legatee does not survive the testator; read our article on sections 104 and 105. Section 111 is the class version of that idea. If you are reading a will that makes a gift to a class, a legal consultation can help you identify who is in the class on the date that counts.
The Exception: possession deferred
The Exception applies only when all of the following are present in the will:
- The property is bequeathed to a class "described as standing in a particular degree of kindred to a specified individual" (for example, the children of B, or the sisters of B);
- Their possession is deferred until a time later than the death of the testator;
- The deferral is by reason of a prior bequest or otherwise.
When these are present, "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". The class is measured at the later time, not at the testator's death, and a member who died in between is represented by his representative.
Notice what the Exception does not say. It does not cover a class described in some other way, such as "my servants" or "the members of the club". It speaks of a degree of kindred to a specified individual. Section 112, in the next article, deals with a person who does not exist at the testator's death; read our note on section 112.
The Act's seven illustrations
The illustrations use old sums and a leasehold, and are the Act's own, not current facts.
| No. | Facts | Result |
|---|---|---|
| (i) | 1,000 rupees to the children of B, B dead before the will, three children C, D, E; E dies before A's death | C and D take; not E's representative |
| (ii) | A lease of a house to A for life, then to the children of B. At the testator's death B has two children C and D. During A's life C dies, leaving E as executor; D survives A | D and E jointly take the unexpired leasehold term |
| (iii) | A sum to A for life, then to the children of B. At the testator's death B has C and D; later E and F are born. C and E die in A's life, C having made a will, E none. A dies, leaving D and F | Four equal parts: to C's executor, to D, to E's administrator, to F |
| (iv) | One-third of lands to B for life, then to the sisters of B. At the testator's death B has sisters C and D; later E is born. C dies during B's life; D and E survive | D, E and C's representatives, in equal shares |
| (v) | 1,000 rupees to B for life, then equally among the children of C. Up to B's death C has had no child | The bequest after B's death is void |
| (vi) | 1,000 rupees to all children born or to be born of B, to be divided at the death of C. At the testator's death B has D and E; F and G born before C's death; another child born after C's death | D, E, F and G take, excluding the after-born child |
| (vii) | A fund to the children of B, to be divided when the eldest attains majority. At the testator's death B has C; later D and E are born. E dies; C and D living when C attains majority | C, D and E's representatives, excluding any child born after C attains majority |
Illustrations (ii) to (iv) show the Exception: the children who arrive between the testator's death and the later time are included. Illustration (iii) is useful for the arithmetic. Four children ever existed in the class (C, D, E, F), all four are counted, and each dead member is represented by his executor or administrator. Illustrations (vi) and (vii) show where the class closes: when the time for division arrives, and not later. Illustration (v) shows what happens when no member of the class exists when the time comes: the bequest is void. How a bequest to a person not in existence is treated is explained in the next articles of this series, from section 112 onwards.
Examples with invented names
Simple class gift. Raman's will leaves 1.2 lakh rupees "to the children of my sister Sheela", with no date for payment. At Raman's death Sheela has three living children. One of them dies a month later. Under the main rule of section 111 the class is those alive at Raman's death, and all three children were alive then. The child who died a month later was therefore within the class, and the Exception does not come into play because payment was not deferred. A child of Sheela born after Raman's death would not be in the class.
Deferred enjoyment. Gurpreet's will leaves a house to his widow for life and then to "the children of my brother Harbans". When Gurpreet dies Harbans has one child. A second is born before the widow dies. Neither is dead when the widow dies. Under the Exception the house goes, at the widow's death, to both children, since possession was deferred by a prior bequest and the second child came into existence in between.
Where section 111 applies
Section 111 is listed in Schedule III among the sections of Part VI that section 57 applies to the wills and codicils of Hindus, Buddhists, Sikhs and Jainas described in that section. Restriction 5 in the same Schedule names section 111 among the sections in which "son", "sons", "child" and "children" are deemed to include an adopted child. Section 58 as printed says Part VI does not apply to the testamentary succession to the property of any Muhammadan. See our article on wills of Hindus, Buddhists, Sikhs and Jainas and Schedule III. The print consulted shows amendments only up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); check for later amendments.
Need help with a gift to a class?
Gifts to "the children of" or "the sisters of" a named person look simple until a member dies or is born later. If you are drafting or reading such a clause, start with a legal consultation so the date that fixes the class is clear before anything is distributed.
Key takeaways
- A bequest simply to a described class goes only to those alive at the testator's death.
- The Exception moves the date of counting to the later time when possession is deferred.
- In the Exception, representatives of members who died after the testator's death take their share.
- The Exception speaks of a class described by a degree of kindred to a specified individual.
- A bequest to children where none exist when the time comes is void (illustration (v)).
Read next
- Sections 106 to 110: when a legacy does not lapse
- Section 112: bequest to a person not in existence at the testator's death
- Sections 96 to 98: bequest in the alternative and bequest to a class
- Sections 22 to 24 of the Transfer of Property Act, 1882: transfers to a class and to survivors
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.