Bequest to A and on failure of prior bequest to B
Section 129 of the Indian Succession Act, 1925 deals with bequest to A and on failure of prior bequest to B. Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator. The Act came into force on 30 Sep 1925.
Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator.
Illustrations
(i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies without having ever had a child. The bequest to B takes effect.
(ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three months after A's death, and, if he should neglect to do so, to C. B dies in the testator's lifetime. The bequest to C takes effect.
Section 129, 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 failure of bequests; court held that Section 129 applies rather than Section 116 as the prior bequests were valid
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 129
What have the courts held on Section 129 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 failure of bequests; court held that Section 129 applies rather than Section 116 as the prior bequests were valid.
How do I find court cases under Section 129 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 129, section 129 Succession Act, section 129 of the Indian Succession Act. People searching for it also type section 129 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 129 of the Indian Succession Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 129 of the Indian Succession Act come into force?
Section 129 of the Indian Succession Act, cited as Succession Act 129, 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.