Section118
The Indian Succession Act, 1925

Bequest to religious or charitable uses

In force From 30 Sep 1925 Act 39 of 1925 As on 14 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925 Cited by 2 provisions

Section 118 of the Indian Succession Act, 1925 deals with bequest to religious or charitable uses. No man having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe cust The Act came into force on 30 Sep 1925.

No man having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons:

1[Provided that nothing in this section shall apply to a Parsi.]

Illustrations

A having a nephew makes a bequest by a will not executed and deposited as required--

for the relief of poor people;

for the maintenance of sick soldiers;

for the erection or support of a hospital;

for the education and preferment of orphans;

for the support of scholars;

for the erection or support of a school;

for the building and repairs of a bridge;

for the making of roads;

for the erection or support of a church;

for the repairs of a church;

for the benefit of ministers of religion;

for the formation or support of a public garden;

All these bequests are void.

Section 118, 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.

  1. John Vallamattom v. Union of India

    Supreme Court of India 21 Jul 2003 Binding (Supreme Court) Reportable (2003) 6 SCC 611

    Court's Decision & Legal Precedent

    Judgment of Main Case order-3.pdf 2003-07-21 DATE VERIFIED (CJI Khare majority). Skip same-date ROP order-4. order-2.pdf is Sinha J. concurrence — not used as primary. WP(C) 242/1997. Indian Succession Act s.118 (12-month bar on Christian charitable bequests) violates Art. 14 and is struck down. Do not remap Arts. 14/25 (already well covered).

    On this section: s.118's 12-month restriction on Christian religious or charitable bequests is a religion-based classification without a legitimate nexus and is struck down as violating Art. 14 (John Vallamattom).

    Read the full order on eCourts India

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 118

What have the courts held on Section 118 of the Indian Succession Act?

John Vallamattom v. Union of India (21 Jul 2003) is the leading judgment on this section among those set out below: s.118's 12-month restriction on Christian religious or charitable bequests is a religion-based classification without a legitimate nexus and is struck down as violating Art. 14 (John Vallamattom).

How do I find court cases under Section 118 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 118, section 118 Succession Act, section 118 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 118. 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 John Vallamattom v. Union of India (21 Jul 2003).

What should I read with Section 118 of the Indian Succession Act, and has it changed?

2 other provisions in this corpus refer back to it.

When did Section 118 of the Indian Succession Act come into force?

Section 118 of the Indian Succession Act, cited as Succession Act 118, 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

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 14 Oct 2026. This page is not a substitute for legal advice.