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Union of India - Section

Section 109 in The Indian Succession Act, 1925

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

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 as if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the Will.IllustrationA 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.