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Section 109: When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime.

The Indian Succession Act, 1925Central Act · Act 39 of 1925

Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the Will.

Illustration

A makes his Will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his Will whereby he bequeaths all his property to his widow. D. The money goes to D.

Where this provision sits

ActThe Indian Succession Act, 1925
Section109
Marginal noteWhen bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime.
JurisdictionCentral
StatusIn force as published by the source

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