Section 109

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

The Indian Succession Act, 1925

  • Act 39 of 1925
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to consolidate the law applicable to intestate and testamentary succession.

All sections
    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: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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