Section 116: Bequest to take effect on failure of prior bequest

Q: What does Section 116 of The Indian Succession Act, 1925 (ISuA) deal with?

Section 116 ISuA pertains to "Bequest to take effect on failure of prior bequest". It is part of the The Indian Succession Act, 1925, a legislation enacted by the Parliament of India. Section 116 of The Indian Succession Act, 1925 (ISuA) governs bequest to take effect on failure of prior bequest. As verified on 19 May 2026.

Q: Is Section 116 ISuA still in force?

Yes, Section 116 of the The Indian Succession Act, 1925 is currently in force across the Republic of India.

Q: What is धारा 116 ISuA?

धारा 116 ISuA is the Devanagari Hindi reference for Section 116 of the The Indian Succession Act, 1925. Section 116 of The Indian Succession Act, 1925 (ISuA) governs bequest to take effect on failure of prior bequest. As verified on 19 May 2026.

Q: What is Dhara 116 ISuA?

Dhara 116 ISuA is the Roman Hindi reference for Section 116 of the The Indian Succession Act, 1925. "Dhara" means "Section" in Hindi. Section 116 of The Indian Succession Act, 1925 (ISuA) governs bequest to take effect on failure of prior bequest. As verified on 19 May 2026.

Q: How to cite Section 116 of The Indian Succession Act, 1925?

Cite as: "Section 116, The Indian Succession Act, 1925 (ISuA)" in legal briefs. For academic writing, use the BlueBook format: The Indian Succession Act, 1925, § 116 (India).

Law on Tips Editorial Board

Where by reason of any of the rules contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in regard to such person or the whole of such class, any bequest contained in the same Will and intended to take effect after or upon failure of such prior bequest is also void.

Illustrations

(i) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, for his life, and after the decease of such son to B. A and B survive the testator. The bequest to B is intended to take effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void.

(ii) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, and if no son of A shall attain that age, to B. A and B survive the testator. The bequest to B is intended to take effect upon failure of the bequest to such of A’s sons as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void.