Section 130 of the Indian Succession Act, 1925 – When second bequest not to take effect on failure of first

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Section 130: When second bequest not to take effect on failure of first

Where the will shows an intention that the second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect, unless the prior bequest fails in that particular manner. Illustration A makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to B that which he had bequeathed to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him, the bequest to B does not take effect.

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

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  1. Section 116 of the Indian Succession Act, 1925 – Bequest to take effect on failure of prior bequest
  2. Section 113 of the Indian Succession Act, 1925 – Bequest to person not in existence at testator’s death subject to prior bequest
  3. Section 129 of the Indian Succession Act, 1925 – Bequest to A and on failure of prior bequest to B
  4. INCOME-TAX ACT 1961