Indian Succession Act,1925
Act No : 39
Section :
In what case legacy lapses.
105. In what case legacy lapses.-(1) If the legatee does notsurvive the testator, the legacy cannot take effect, but shall lapseand form part of the residue of the testator's property, unless itappears by the will that the testator intended that it should go tosome other person. (2) In order to entitle the representatives of the legatee toreceive the legacy, it must be proved that he survived the testator. Illustrations (i) The testator bequeaths to B "500 rupees which B owes me". Bdies before the testator; the legacy lapses. (ii) A bequest is made to A and his children. A dies before thetestator, or happens to be dead when the will is made. The legacy to Aand his children lapses. (iii) A legacy is given to A, and, in case of his dying beforethe testator, to B. A dies before the testator. The legacy goes to B. (iv) A sum of money is bequeathed to A for life, and after hisdeath to B. A dies in the lifetime of the testator; B survives thetestator. The bequest to B takes effect. (v) A sum of money is bequeathed to A on his completing hiseighteenth year, and in case he should die before he completes hiseighteenth year, to B. A completes his eighteenth year, and dies inthe lifetime of the testator. The legacy to A lapses, and the bequestto B does not take effect.88 (vi) The testator and the legatee perished in the same ship-wreck. There is no evidence to show which died first. The legacylapses.
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