Original bequest not affected by invalidity of second
Section 133 of the Indian Succession Act, 1925 deals with original bequest not affected by invalidity of second. If the ulterior bequest be not valid the original bequest is not affected by it. The Act came into force on 30 Sep 1925.
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.
Section 133, 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
Questions about Section 133
What does Section 133 of the Indian Succession Act deal with?
Section 133 of the Indian Succession Act is headed "Original bequest not affected by invalidity of second". If the ulterior bequest be not valid the original bequest is not affected by it.
How do I find court cases under Section 133 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 133, section 133 Succession Act, section 133 of the Indian Succession Act. People searching for it also type section 133 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 133 of the Indian Succession Act, and has it changed?
Its own text turns on section 105 (In what case legacy lapses), so none of them can safely be read on its own.
When did Section 133 of the Indian Succession Act come into force?
Section 133 of the Indian Succession Act, cited as Succession Act 133, 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.