Indian Succession Act,1925

Act No : 39

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Section : Child prima facie entitled to legacy as well as portion.

178. Child prima facie entitled to legacy as well as portion.-Where a parent, who is under obligation by contract to provide aportion for a child, fails to do so, and afterwards bequeaths a legacyto the child, and does not intimate by his will that the legacy ismeant as a satisfaction of the portion, the child shall be entitled toreceive the legacy, as well as the portion.117 Illustration A, by articles entered into in contemplation of his marriage withB covenanted that he would pay to each of the daughters of theintended marriage a portion of 20,000 rupees on her marriage. Thiscovenant having been broken. A bequeaths 20,000 rupees to each of themarried daughters of himself and B. The legatees are entitled to thebenefit of this bequest in addition to their portions.

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