Section 109 of the Indian Succession Act, 1925 – When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime

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

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.

Source: official text of The Indian Succession Act, 1925 as published on India Code (PDF). All sections of the Indian Succession Act, 1925.

Related posts:

  1. Section 113 of the Indian Succession Act, 1925 – Bequest to person not in existence at testator’s death subject to prior bequest
  2. Section 54 of the Indian Succession Act, 1925 – Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant
  3. Section 112 of the Indian Succession Act, 1925 – Bequest to person by particular description, who is not in existence at testator’s death
  4. Section 96 of the Indian Succession Act, 1925 – Bequest in alternative