Bequest over, conditional upon happening or not happening of specified uncertain event
Section 131 of the Indian Succession Act, 1925 deals with bequest over, conditional upon happening or not happening of specified uncertain event. A bequest may be made to any person with the condition super-added, that, in case a specified uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person. The Act came into force on 30 Sep 1925.
(1) A bequest may be made to any person with the condition super-added, that, in case a specified uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person.
(2) In each case the ulterior bequest is subject to the rules contained in sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130.
Illustrations
(i) A sum of money is bequeathed to A, to be paid to him at the age of 18, and if he shall die before he attains that age, to B. A takes a vested interest in the legacy, subject to be divested and to go to B in case A dies under 18.
(ii) An estate is bequeathed to A with a proviso that if A shall dispute the competency of the testator to make a will, the estate shall go to B. A disputes the competency of the testator to make a will. The estate goes to B.
(iii) A sum of money is bequeathed to A for life, and, after his death, to B, but if B shall then be dead leaving a son, such son is to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies leaving a son in A's lifetime.
(iv) A sum of money is bequeathed to A and B, and if either should die during the life of C, then to the survivor living at the death of C. A and B die before C. The gift over cannot take effect, but the representative of A takes onehalf of the money, and the representative of B takes the other half.
(v) A bequeaths to B the interest of a fund for life, and directs the fund to be divided at her death equally among her three children, or such of them as shall he living at her death. All the children of B die in B's lifetime. The bequest over cannot take effect, but the interests of the children pass to their representatives.
Section 131, 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.
This section refers to
- s. 120 Date of vesting when legacy contingent upon specified uncertain event
- s. 121 Vesting of interest in bequest to such members of a class as shall have attained particular age
- s. 122 Onerous bequests
- s. 123 One of two separate and independent bequests to same person may be accepted, and other refused
- s. 124 Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence
- s. 125 Bequest to such of certain persons as shall be surviving at some period not specified
- s. 126 Bequest upon impossible condition
- s. 127 Bequest upon illegal or immoral condition
- s. 129 Bequest to A and on failure of prior bequest to B
- s. 130 When second bequest not to take effect on failure of first
Referred to by 1
Questions about Section 131
What does Section 131 of the Indian Succession Act deal with?
Section 131 of the Indian Succession Act is headed "Bequest over, conditional upon happening or not happening of specified uncertain event". A bequest may be made to any person with the condition super-added, that, in case a specified uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person.
How do I find court cases under Section 131 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 131, section 131 Succession Act, section 131 of the Indian Succession Act. People searching for it also type section 131 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 131 of the Indian Succession Act, and has it changed?
Its own text turns on section 120 (Date of vesting when legacy contingent upon specified uncertain event), section 121 (Vesting of interest in bequest to such members of a class as shall have attained particular age), section 122 (Onerous bequests), section 123 (One of two separate and independent bequests to same person may be accepted, and other refused), and on 6 further provisions, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 131 of the Indian Succession Act come into force?
Section 131 of the Indian Succession Act, cited as Succession Act 131, 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.