Act Number: 39

Act Name: The Indian Succession Act, 1925

Year: 1925

Enactment Date: 1925-09-30

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

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 96: Bequest in alternative.
        Where a property is bequeathed to a person with a bequest in the alternative to another person or to a class of persons, then, if a contrary intention does not appear by the Will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect; but if he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy.
     Illustrations
         (i) A bequest is made to A or to B. A survives the testator. B takes nothing.
         (ii) A bequest is made to A or to B. A dies after the date of the Will, and before the testator. The legacy goes to B.
         (iii) A bequest is made to A or to B. A is dead at the date of the Will. The legacy goes to B.
         (iv) Property is bequeathed to A or his heirs. A survives the testator. A takes the property absolutely.
         (v) Properly is bequeathed to A or his nearest of kin. A dies in the lifetime of the testator. Upon the death of the testator, the bequest to A's nearest of kin takes effect.
         (vi) Properly is bequeathed to A for life, and after this death to B or his heirs. A and B survive the testator. B dies in A's lifetime. Upon A's death the bequest to the heirs of B takes effect.
         (vii) Property is bequeathed to A for life, and after his death to B or his heirs. B dies in the testator's lifetime. A survives the testator. Upon A's death the bequest to the heirs of B takes effect.
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