Indian Succession Act,1925
Act No : 39
Section :
Bequest over, conditional upon happening or not happening of specifieduncertain event.
131. Bequest over, conditional upon happening or not happening ofspecified uncertain event.-(1) A bequest may be made to any personwith the condition super-added that, in case a specified uncertainevent shall happen, the thing bequeathed shall go to another person,or that in case a specified uncertain event shall not happen, thething bequeathed shall go over to another person. (2) In each case the ulterior bequest is subject to the rulescontained in sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and130. Illustrations (i) A sum of money is bequeathed to A, to be paid to him at theage of 18, and if he shall die before he attains that age, to B. Atakes a vested interest in the legacy, subject to be divested and togo to B in case A dies under 18. (ii) An estate is bequeathed to A with a proviso that if A shalldispute the competency of the testator to make a will, the estate goesto B. (iii) A sum of money is bequeathed to A for life, and, after hisdeath, to B, but if B shall then be dead leaving a son, such son is tostand in the place of B. B takes a vested interest in the legacy,subject to be divested if he dies leaving a son in A's lifetime. (iv) A sum of money is bequeathed to A and B, and if eithershould die during the life of C, then to the survivor living at thedeath of C. A and B die before C. The gift over cannot take effect,but the representative of A takes one-half of the money, and therepresentative of B takes the other half. (v) A bequeaths to B the interest of a fund for life, and directsthe fund to be divided at her death equally among her three children,or such of them as shall be living at her death. All the children of Bdie in B's lifetime. The bequest over cannot take effect, but theinterests of the children pass to their representatives.
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