Indian Succession Act : Bequest to A and on failure of prior bequest to B. Indian Bare Acts :

Indian Succession Act,1925

Act No : 39

Section : Bequest to A and on failure of prior bequest to B.

129. Bequest to A and on failure of prior bequest to B.-Wherethere is a bequest to one person and a bequest of the same thing toanother, if the prior bequest shall fail, the second bequest shalltake effect upon the failure of the prior bequest although the failuremay 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 achild. The bequest to B takes effect. (ii) A bequeaths a sum of money to B, on condition that he shallexecute 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 life-time. The bequest to C takes effect.