# The Indian Succession Act, 1925, Section 133: Original bequest not affected by invalidity of second

- Act: The Indian Succession Act, 1925 (Act 39 of 1925)
- In force from: 1925-09-30
- Ministry: Ministry of Law and Justice
- Source URL: https://indiacode.ecourtsindia.com/succession-act/section/133/

## Text

If the ulterior bequest be not valid the original bequest is not affected by it. Illustrations (i) An estate is bequeathed to A for his life with condition super-added that, if he shall not on a given day walk 100 miles in an hour, the estate shall go to B. The condition being void, A retains his estate as if no condition had been inserted in the will. (ii) An estate is bequeathed to A for her life and, if she do not desert her husband, to B. A is entitled to the estate during her life as if no condition had been inserted in the will. (iii) An estate is bequeathed to A for life, and, if he marries, to the eldest son of B for life. B, at the date of the testator's death, had not had a son. The bequest over is void under section 105, and A is entitled to the estate during his life.

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