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Section 110: Bequest to A for benefit of B does not lapse by A's death

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 109 All 391 Sections of Indian Succession Act Section 111

Legal Commentary & Landmark Judgments: Section 110

Section 110 protects trust beneficiaries from the death of a trustee, enacting that a bequest made to one person for the benefit of another does not lapse by the death of the trustee in the testator's lifetime.

  • Core Legal Standard: Section 110 incorporates the fundamental equitable maxim that a trust never fails for want of a trustee.
  • Operational Mechanism: Where a bequest is made to person A upon trust for, or for the benefit of, person B, and person A predeceases the testator, the legacy does not lapse.

Because A was merely a conduit or fiduciary, A's death does not impair the beneficial interest created in favor of B. The bequest remains fully valid, and the court or the testator's personal representatives will appoint a new trustee or execute the trust directly for B's benefit, ensuring that beneficial legacies survive administrative casualties.

Key Landmark Precedents:
  • Chiranjilal Shrilal Goenka v. Jasjit Singh, (1993) 2 SCC 507: The Supreme Court affirmed the principle that fiduciary appointments cannot defeat substantive beneficial interests under Section 110.
  • State of Bihar v. Charusila Dasi, AIR 1959 SC 1002: The Supreme Court recognized that testamentary trusts do not fail merely because a designated trustee dies prior to the vesting of the estate.
Legal Commentary:

Section 110 protects minor and vulnerable beneficiaries whose parents set up testamentary trusts. If the designated trustee dies before the testator, opposing heirs often allege that the bequest collapsed. Under Section 110, the bequest is completely protected, and counsel can petition the District Court to appoint a substitute trustee.

Section 109 All 391 Sections of Indian Succession Act Section 111