Section 178 of the Indian Succession Act, 1925 – Child prima facie entitled to legacy as well as portion

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Section 178: Child prima facie entitled to legacy as well as portion

Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy, as well as the portion.

Illustration

A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the daughters of the intended marriage a portion of Rs. 20,000 on her marriage. This covenant having been broken. A bequeaths Rs. 20,000 to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions.

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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  2. Section 157 of the Indian Succession Act, 1925 – Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies
  3. Section 177 of the Indian Succession Act, 1925 – Creditor prima facie entitled to legacy as well as debt
  4. Section 101 of the Indian Succession Act, 1925 – Rules of construction where will purports to make two bequests to same person