One of two separate and independent bequests to same person may be accepted, and other refused

Q: When did Section 123 of the Indian Succession Act come into force?

Section 123 of the Indian Succession Act, cited as Succession Act 123, 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.

In force From 30 Sep 1925 Act 39 of 1925 As on 16 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925 Cited by 1 provision

Section 123 of the Indian Succession Act, 1925 deals with one of two separate and independent bequests to same person may be accepted, and other refused. Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous. The Act came into force on 30 Sep 1925.

Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous.
Illustration
A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is higher than the house can be let for, bequeaths to B the lease and a sum of money. B refuses to accept the lease. He will not by this refusal forfeit the money.
Section 123, 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.

Referred to by 1

s. 131 Bequest over, conditional upon happening or not happening of specified uncertain event

Questions about Section 123

What does Section 123 of the Indian Succession Act deal with?

Section 123 of the Indian Succession Act is headed "One of two separate and independent bequests to same person may be accepted, and other refused". Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous.

How do I find court cases under Section 123 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 123, section 123 Succession Act, section 123 of the Indian Succession Act. People searching for it also type section 123 of indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 123 of the Indian Succession Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 123 of the Indian Succession Act come into force?

Section 123 of the Indian Succession Act, cited as Succession Act 123, 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 16 Oct 2026. This page is not a substitute for legal advice.