Section 122 in The Indian Succession Act, 1925
122. Onerous bequests.—
Where a bequest imposes an obligation on the legatee, he can take nothing
which pertains to onerous bequests. Any bequest which imposes are obligation on the legaty is termed as an onerous bequest Section 122 of the Indian ... recognizable in law. The doctrine that in case of onerous bequest the legaty can have whole of it or nothing at all is a universal
Ferani Hotels Pvt. Ltd vs Nusli Neville Wadia on 15 December, 2010
Author: Roshan Dalvi
testator. Section 122 of the Indian Succession Act also deals with onerous bequest. It says "where a bequest imposes an obligation on the legatee ... Succession Act - Sixth Edition - 1992, the learned author said thus:
Once an onerous gift has been accepted subject to the condition imposed
Indian Succession Act,
1925 providing as under:
122. Onerous bequests.- Where a bequest imposes an obligation on
the legatee, he can take nothing ... onerous bequest therein is evident from the illustration thereto i.e.
whether the bequest is accompanied with a liability. The bequest in
the present case
latter disposition will prevail.
xxxxx
xxxxx
114. Rule against perpetuity--No bequest is valid whereby the vesting of the
thing bequeathed may be delayed beyond ... full age,
the thing bequeathed is to belong.
xxxxx
xxxxx
122. Onerous bequests.--Where a bequest imposes an obligation on the
legatee, he can take
Succession Act 1925.
Further, the Indian Succession Act, 1925 recognises 'Onerous Bequests'.
CS(OS) 815/2012 Page 4 of 7
Section ... Indian Succession Act, 1925 stipulates Onerous
Bequests-Where a bequest imposes an obligation on the legatee, he can take
nothing by it unless he accepts
Vesting of Legacies (Sections 119 to 121)
19-Onerous Bequests (Sections 122 and 123) .
20-Contingent Bequests (Sections 124 and 125)
2l--Conditional Bequests (Sections
children of the
deceased as directed in that clause.
ig Hence, the bequest of
the plot was to be effected only if a third ... constr uction is
not fulfilled. Further the condition is onerous. Such
onerous bequest s fall within the mischief of Section 122 of
Chapter
properties.
14. Chapter DC under Part-VI deals with onerous bequests under Section 122 . Where a bequest imposes an obligation on the legatee