Section 106 Succession Act: Legacy does not lapse if one of two joint legatees die before testator

Section 106 of Indian Succession Act: Testamentary & Estate Administration Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 106

Section 106 establishes that if a legacy is given to two or more persons jointly, and one of them dies before the testator, the legacy does not lapse but passes entirely to the surviving joint legatee.

Core Legal Standard: Section 106 provides a statutory exception to the doctrine of lapse in cases of true joint gifts.
Operational Mechanism & Scope: For Section 106 to apply, the gift must be truly joint, without any words indicating distinct or divided shares.
Operational Scope & Application: For example, a bequest of 'my house to A and B jointly' passes entirely to B if A dies before the testator. However, if words indicating a tenancy in common are used (such as 'equally' or 'in equal shares'), Section 106 does NOT apply; instead, Section 107 governs, causing the deceased's share to lapse.

Key Landmark Precedents:

Suraj Pal v. Ram Kol, AIR 1952 All 324: The court held that under Section 106, a joint bequest vests wholly in the surviving joint legatee upon the predecease of a co-legatee, preventing the operation of lapse.
Navneet Lal v. Gokul, (1976) 1 SCC 630: The Supreme Court noted that survivorship among joint legatees prior to death under Section 106 reflects the unified character of the gift.

Legal Commentary:

Section 106 requires meticulous drafting analysis. The critical question is whether the gift is joint or in common. If the will says 'to my sons A and B', Section 106 protects B if A predeceases. But if the will says 'to my sons A and B equally', Section 107 applies, causing A's half to lapse!

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

Section 106 of Indian Succession Act: Testamentary & Estate Administration Procedure

Legal Commentary & Landmark Judgments: Section 106