Section 114 of ISA : Section 114: Rule Against Perpetuity

Explanation using Example

Imagine a woman named Priya who writes a will leaving her property in the following manner: "To my nephew, Arjun, I bequeath my property after he turns 30 years old, but if Arjun has a son who reaches the age of 21, then the property shall pass to that son." Priya's will is trying to delay the vesting of the property beyond the lifetime of a living person (Arjun, who is alive at the time of Priya's death) and the minority (age of 21) of a person not necessarily in existence at the end of that period (Arjun's potential son who may be born after Priya's death).

According to Section 114 of The Indian Succession Act, 1925, this condition in Priya's will is invalid because it attempts to delay the vesting of the property beyond the allowed time frame. The property cannot be bequeathed to a person who might not even exist at the time of the testator's death and whose coming of age could extend the vesting period unreasonably.