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Indian Succession Act,1925

Act No : 39


Section : When second bequest not to take effect on failure of first.

130. When second bequest not to take effect on failure of first.-Where the will shows an intention that the second bequest shall takeeffect only in the event of the first bequest failing in a particularmanner, the second bequest shall not take effect, unless the priorbequest fails in that particular manner. Illustration A makes a bequest to his wife, but in case she should die in hislifetime, bequeaths to B that which he had bequeathed to her. A andhis wife perish together, under circumstances which make it impossibleto prove that she died before him, the bequest to B does not takeeffect.100


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