Bequest to take effect on failure of prior bequest
Section 116 of the Indian Succession Act, 1925 deals with bequest to take effect on failure of prior bequest. [Where by reason of any of the rules contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in regard to such person or the whole of such class, any bequest contained in the same will and intended to take effect after or upon failure of such prior beque The Act came into force on 30 Sep 1925.
1[Where by reason of any of the rules contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in regard to such person or the whole of such class, any bequest contained in the same will and intended to take effect after or upon failure of such prior bequest is also void.]
Illustrations
(i) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, for his life, and after the decease of such son to B. A and B survive the testator. The bequest to B is intended to take effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void.
(ii) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, and, if no son of A shall attain that age, to B. A and B survive the testator. The bequest to B is intended to take effect upon failure of the bequest to such of A's sons as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void.
Section 116, The Indian Succession Act, 1925 (Act 39 of 1925).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bajrang Factory LTD vs University of Calcutta
Court's Decision & Legal Precedent
Where a will contains apparently conflicting clauses that can be reconciled by giving full effect to every word used by the testator, such construction should be accepted instead of one cutting down the clear meaning of words. In construing a will, the court must ascertain the testator's dominant intention from the entire instrument read as a whole, including any codicils. A bequest to an unborn person is void under Section 113 only if it constitutes an actual bequest; a mere expression of desire or enabling clause does not constitute such a bequest. When a codicil confirms and amends a will, it brings the will down to the date of the codicil, and the testator's intention as expressed in both documents must be given effect. Upon the failure of a prior bequest due to non-occurrence of contingencies, a subsequent bequest takes effect under Section 129 of the Indian Succession Act, provided the prior bequest is valid.
On this section: Provision regarding void bequests dependent on void prior bequests; court examined whether bequest to University was void due to invalidity of prior bequests
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 116
What have the courts held on Section 116 of the Indian Succession Act?
Bajrang Factory LTD vs University of Calcutta (18 May 2007) is the leading judgment on this section among those set out below: Provision regarding void bequests dependent on void prior bequests; court examined whether bequest to University was void due to invalidity of prior bequests.
How do I find court cases under Section 116 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 116, section 116 Succession Act, section 116 of the Indian Succession Act. People searching for it also type section 116 of indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bajrang Factory LTD vs University of Calcutta (18 May 2007).
What should I read with Section 116 of the Indian Succession Act, and has it changed?
Its own text turns on section 113 (Bequest to person not in existence at testator’s death subject to prior bequest), section 114 (Rule against perpetuity), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 116 of the Indian Succession Act come into force?
Section 116 of the Indian Succession Act, cited as Succession Act 116, 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 15 Oct 2026. This page is not a substitute for legal advice.