Date of vesting of legacy when payment or possession postponed
Section 119 of the Indian Succession Act, 1925 deals with date of vesting of legacy when payment or possession postponed. Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's represen The Act came into force on 30 Sep 1925.
Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest.
Explanation.--An intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives, or from a provision that, if a particular event shall happen, the legacy shall go over to another person.
Illustrations
(i) A bequeaths to B 100 rupees, to be paid to him at the death of C. On A's death the legacy becomes vested in interest in B, and if he dies before C, his representatives are entitled to the legacy.
(ii) A bequeaths to B 100 rupees, to be paid to him upon his attaining the age of 18. On A's death the legacy becomes vested in interest B.
(iii) A fund is bequeathed to A for life, and after his death to B. On the testator's death the legacy to B becomes vested in interest in B.
(iv) A fund is bequeathed to A until B attains the age of 18 and then to B. The legacy to B is vested in interest from the testator's death.
(v) A bequeaths the whole of his property to B upon trust to pay certain debts out of the income, and then to make over the fund to C. At A's death the gift to C becomes vested in interest in him.
(vi) A fund is bequeathed to A, B and C in equal shares to be paid to them on their attaining the age of 18, respectively, with a proviso that, if all of them die under the age of 18, the legacy shall devolve upon D. On the death of the testator, the shares vested in interest in A, B and C, subject to be divested in case A, B and C shall all die under 18, and, upon the death of any of them (except the last survivor) under the age of 18, his vested interest passes, so subject, to his representatives.
Section 119, The Indian Succession Act, 1925 (Act 39 of 1925).
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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Kokilambal vs N. Raman
Court's Decision & Legal Precedent
A settlement deed which provides that the settlor shall enjoy the usufructs (rental income) of the property during her lifetime and that the property shall vest absolutely in the settee only after the settlor's death, creates a contingent interest in the settee, not a vested interest. The settlor retains ownership during her lifetime and has the right to revoke the settlement after the death of the settee. The determination of whether an interest is vested or contingent must be based on a comprehensive reading of all the terms of the settlement deed to ascertain the true intention of the settlor. The nomenclature of the document and the presence of a clause restricting alienation are not conclusive; the recitals and the overall structure of the deed must be examined.
On this section: Cited as applicable principles for determining vested versus contingent interests, particularly in the context of wills and testamentary dispositions, which the Court found analogous to settlement deeds.
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Usha Subbarao vs B. E. Vishveswariah
Court's Decision & Legal Precedent
Where a testator makes a bequest of property to his sons with postponement of enjoyment and partition but directs that the income from the properties be applied for the benefit of the sons and their mother, and the sons are under an obligation to maintain their mother, the bequest constitutes a vested interest in the sons on the testator's death, not a contingent interest. The vesting of the interest is not defeated by the postponement of enjoyment or partition, and the interest passes to the legal representatives of a son who dies before the time of enjoyment. The presumption in favor of early vesting of testamentary gifts applies, and the court should not infer an intention to create a contingent interest unless such intention is definite and clear from the terms of the Will.
On this section: Provides that where by the terms of a bequest the legatee is not entitled to immediate possession, a right to receive it at the proper time becomes vested in the legatee on the testator's death and passes to the legatee's representatives if the legatee dies before receiving the legacy. This section was central to the Court's holding that the legacy vested in the sons on the testator's death.
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 119
What have the courts held on Section 119 of the Indian Succession Act?
Kokilambal vs N. Raman (21 Apr 2005) is the leading judgment on this section among those set out below: Cited as applicable principles for determining vested versus contingent interests, particularly in the context of wills and testamentary dispositions, which the Court found analogous to settlement deeds. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 1996 to 2005.
How do I find court cases under Section 119 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 119, section 119 Succession Act, section 119 of the Indian Succession Act. People searching for it also type section 119 indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Kokilambal vs N. Raman (21 Apr 2005).
When did Section 119 of the Indian Succession Act come into force?
Section 119 of the Indian Succession Act, cited as Succession Act 119, 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 16 Oct 2026. This page is not a substitute for legal advice.