Where a bequest is made to a person by a particular description, and there is no such person in existence at the time of the testator's death, in such case the bequest is void.

If property is bequeathed to a person described as standing in a particular degree of kindred or family to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise; and if a person answering the description is alive at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he is dead to his representatives.

Example: A bequeaths 1000 rupees to the eldest son of B. At the death of the testator, B has no son. The bequest is void. There are four cases in which a bequest becomes void and they are:

1.  A bequest to a person who is not in existence at the testator’s death is void.
2.  A life interest to an unborn person is void.
3.  A bequest whose vesting is delayed beyond the life of the existing person and 18 years is void.
4.  A bequest to charity by a testator having a nephew or niece or nearer relation is void unless the will is executed 12 months before his death and deposited with the registrar within six months of its execution.