248 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Illus. :
A bequeaths personality to trustees to invest in the purchase of land for B and C. B predeceases A and C survives him. Here, purchase is necessary in order that C may have what A intended to give him, i.e., land. C will take his share in land.
What would happen to share of B ? It will go to the nextof-kin, because, conversion to that extent was unnecessary. But the next-of-kin will take it as land.
Reconversion
Reconversion means annulment or cancellation of prior conversion. It is a reversion or restoration of the notional state of the property to its actual state.
Reconversion can take place in two ways :
(i) By act of parties,
(ii) By operation of law.
(1) By act of parties
This occurs where a person has the right to choose between taking the property in its converted state or in its actual state.
Persons who have a right to make such an election and thereby reconvert property are :—
(1) An absolute owner.
(2) A owner of an undivided share—without the concurrence of the co-owner in the case of money to be converted into land but not in the case of land to be converted into money. This is because money is capable of apportionment while land is not.
Illus. —(1) Where money is to be invested into land in the interest of A and B as joint tenants. A can elect to reconvert without the concurrence of B.
(2) Ques :—Can a remainder man effect a reconversion by electing to take it in its actual state ? This is not clearly settled.
(3) This rule of reconversion by act of parties applies where the owner who has a right to elect and thereby to effect reconversion is subject to the limitation that he must not be under any disability.