# The Indian Succession Act, 1925, Section 178: Child prima facie entitled to legacy as well as portion

- 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/178/

## Text

Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive -the legacy, as well as the portion. Illustration A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken. A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions.

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