Legacy does not lapse if one of two joint legatees die before testator
Section 106 of the Indian Succession Act, 1925 deals with legacy does not lapse if one of two joint legatees die before testator. If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole. The Act came into force on 30 Sep 1925.
If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole.
Illustration
The legacy is simply to A and B. A dies before the testator. B takes the legacy.
Section 106, The Indian Succession Act, 1925 (Act 39 of 1925).
Questions about Section 106
What does Section 106 of the Indian Succession Act deal with?
Section 106 of the Indian Succession Act is headed "Legacy does not lapse if one of two joint legatees die before testator". If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole.
How do I find court cases under Section 106 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 106, section 106 Succession Act, section 106 of the Indian Succession Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 106 of the Indian Succession Act come into force?
Section 106 of the Indian Succession Act, cited as Succession Act 106, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.