Effect of words showing testator’s intention to give distinct shares
Section 107 of the Indian Succession Act, 1925 deals with effect of words showing testator’s intention to give distinct shares. If a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of the testator's property. The Act came into force on 30 Sep 1925.
If a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of the testator's property.
Illustration
A sum of money is bequeathed to A, B and C, to be equally divided among them. A dies before the testator, B and C Will only take so much as they would have had if A had survived the testator.
Section 107, The Indian Succession Act, 1925 (Act 39 of 1925).
Questions about Section 107
What does Section 107 of the Indian Succession Act deal with?
Section 107 of the Indian Succession Act is headed "Effect of words showing testator’s intention to give distinct shares". If a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of the testator's property.
How do I find court cases under Section 107 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 107, section 107 Succession Act, section 107 of the Indian Succession Act. People searching for it also type section 107 of 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 107 of the Indian Succession Act come into force?
Section 107 of the Indian Succession Act, cited as Succession Act 107, 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.