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 129: Bequest to A and on failure of prior bequest to B.
    Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator.
     Illustrations
     (i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies without having ever had a child. The bequest to B takes effect.
     (ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three months after A's death, and, if he should neglect to do so, to C. B dies in the testator's lifetime. The bequest to C takes effect.
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