Central · Act 39 of 1925

Section 109 — When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime.

The Indian Succession Act, 1925

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STATUTORY TEXT
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Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the Will.

Illustration

A makes his Will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his Will whereby he bequeaths all his property to his widow. D. The money goes to D.

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Next · Section 110Bequest to A for benefit of B does not lapse by A’s death. →All sections / सभी धाराएँThe Indian Succession Act, 1925 →
More sections of this actSection 1 · Short title.Section 2 · Definitions.Section 3 · Power of State Government to exempt any race, sect or tribe in the State from operation of Act.Section 4 · Application of Part.Section 5 · Law regulating succession to deceased person’s immoveable and moveable property, respectively.Section 6 · One domicile only affects succession to moveables.Section 7 · Domicile of origin of person of legitimate birth.Section 8 · Domicile of origin of illegitimate child.
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India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2026-01-12. Check the linked official text and subsequent notifications when applying a provision.

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Section 109 — When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime. | The Indian Succession Act, 1925 | NYAYA SIGNAL

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