Indian Succession Act,1925
Act No : 39
Section :
Bequest in alternative.
96. Bequest in alternative.-Where a property is bequeathed to aperson with a bequest in the alternative to another person or to aclass of persons, then, if a contrary intention does not appear by thewill, the legatee first named shall be entitled to the legacy if he isalive at the time when it takes effect; but if he is then dead, theperson or class of persons named in the second branch of thealternative shall take the legacy.83 Illustrations (i) A bequest is made to A or to B. A survives the testator. Btakes nothing. (ii) A bequest is made to A or to B. A dies after the date of thewill, 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 ofthe will. The legacy goes to B. (iv) Property is bequeathed to A or his heirs. A survives thetestator. A takes the property absolutely. (v) Property is bequeathed to A or his nearest of kin. A dies inthe lifetime of the testator. Upon the death of the testator, thebequest to A's nearest of kin takes effect. (vi) Property is bequeathed to A for life, and after his death toB 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 deathto B or his heirs. B dies in the testator's lifetime. A survives thetestator. Upon A's death the bequest to the heirs of B takes effect.
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