November 1, 2026

Section 106 – Indian Succession Act, 1925: Legacy Does Not Lapse If One of Two Joint Legatees Die Before Testator

The Indian Succession Act, 1925 — Part VI, Chapter VI: Of the Construction of Wills

Section 106. Legacy does not lapse if one of two joint legatees die before testator

If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole.

Illustration

The legacy is simply to A and B. A dies before the testator. B takes the legacy.