Section 113: Bequest to person not in existence at testator’s death subject to prior bequest

Q: What does Section 113 of The Indian Succession Act, 1925 (ISuA) deal with?

Section 113 ISuA pertains to "Bequest to person not in existence at testator’s death subject to prior bequest". It is part of the The Indian Succession Act, 1925, a legislation enacted by the Parliament of India. Section 113 of The Indian Succession Act, 1925 (ISuA) governs bequest to person not in existence at testator’s death subject to prior bequest. As verified on 19 May 2026.

Q: Is Section 113 ISuA still in force?

Yes, Section 113 of the The Indian Succession Act, 1925 is currently in force across the Republic of India.

Q: What is धारा 113 ISuA?

धारा 113 ISuA is the Devanagari Hindi reference for Section 113 of the The Indian Succession Act, 1925. Section 113 of The Indian Succession Act, 1925 (ISuA) governs bequest to person not in existence at testator’s death subject to prior bequest. As verified on 19 May 2026.

Q: What is Dhara 113 ISuA?

Dhara 113 ISuA is the Roman Hindi reference for Section 113 of the The Indian Succession Act, 1925. "Dhara" means "Section" in Hindi. Section 113 of The Indian Succession Act, 1925 (ISuA) governs bequest to person not in existence at testator’s death subject to prior bequest. As verified on 19 May 2026.

Q: How to cite Section 113 of The Indian Succession Act, 1925?

Cite as: "Section 113, The Indian Succession Act, 1925 (ISuA)" in legal briefs. For academic writing, use the BlueBook format: The Indian Succession Act, 1925, § 113 (India).

Law on Tips Editorial Board

Where a bequest is made to a person not in existence at the time of the testator’s death, subject to a prior bequest contained in the Will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed.

Illustrations

(i) Property is bequeathed to A for his life, and after his death to his eldest son for life, and after the death of the latter to his eldest son. At the time of the testator’s death, A has no son. Here the bequest to A’s eldest son is a bequest to a person not in existence at the testator’s death. It is not a bequest of the whole interest that remains to the testator. The bequest to A’s eldest son for his life is void.

(ii) A fund is bequeathed to A for his life, and after his death to his daughters. A survives the testator. A has daughters some of whom were not in existence at the testator’s death. The bequest to A’s daughters comprises the whole interest that remains to the testator in the thing bequeathed. The bequest to A’s daughters is valid.

(iii) A fund is bequeathed to A for his life, and after his death to his daughters, with a direction that, if any of them marries under the age of eighteen, her portion shall be settled so that it may belong to herself for life and may be divisible among her children after her death. A has no daughters living at the time of the testator’s death, but has daughters born afterwards who survive him. Here the direction for a settlement has the effect in the case of each daughter who marries under eighteen of substituting for the absolute bequest to her a bequest to her merely for her life; that is to say, a bequest to a person not in existence at the time of the testator’s death of something which is less than the whole interest that remains to the testator in the thing bequeathed. The direction to settle the fund is void.

(iv) A bequeaths a sum of money to B for life, and directs that upon the death of B the fund shall be settled upon his daughters, so that the portion of each daughter may belong to herself for life, and may be divided among her children after death. B has no daughter living at the time of the testator’s death. In this case the only bequest to the daughters of B is contained in the direction to settle the fund, and this direction amounts to a bequest to persons not yet born, of a life-interest in the fund, that is to say, of something which is less than the whole interest that remains to the testator in the thing bequeathed. The direction to settle the fund upon the daughters of B is void.