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Section 104: Time of vesting legacy in general terms

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 103 All 391 Sections of Indian Succession Act Section 105

Legal Commentary & Landmark Judgments: Section 104

Section 104 enacts that where a legacy is given in general terms without specifying a time for payment, it vests in the legatee immediately upon the testator's death.

  • Core Legal Standard: Section 104 codifies the fundamental presumption in favor of the immediate vesting of testamentary gifts.
  • Operational Mechanism: If a legacy is given in general terms without specifying any date or event upon which it is to be paid or transferred, the legacy vests in the legatee at the exact moment of the testator's death.

The substantive effect of immediate vesting under Section 104 is that the property becomes an absolute asset of the legatee from the date of death. Even if actual physical possession or payment is delayed during the administrative process of probate or collection of debts, the legatee's right is fully transmissible; if the legatee dies the day after the testator, the legacy does not lapse, but passes to the legatee's own heirs or personal representatives.

Key Landmark Precedents:
  • K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581: The Supreme Court affirmed that under general principles reflected in Section 104, testamentary gifts vest immediately upon the death of the testator unless an intention to postpone vesting is explicitly manifested.
  • Usha Majumdar v. Sm. Smritikana Khastgir, AIR 1973 Cal 310: The High Court held that immediate vesting under Section 104 protects the legatee's transmissible interest against administrative delays.
Legal Commentary:

Section 104 protects legatees who die during protracted probate proceedings. If a legatee survives the testator by even an hour, the legacy vests unconditionally under Section 104. When probate is granted years later, the proceeds belong to that deceased legatee's legal heirs, not back to the original testator's estate.

Section 103 All 391 Sections of Indian Succession Act Section 105