Mera Samvidhaan All of Indian Succession Act, 1925

Part VI · Chapter VI · Of the construction of Wills

109When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime.

Section 109 · Part VI · Chapter VI · page 40 of the Act

Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the will.

Illustration

A makes his will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his will whereby he bequeaths all his property to his widow, D. The money goes to D.

Section 109 of The Indian Succession Act, 1925 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.