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Section 126: Bequest upon impossible condition

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 125 All 391 Sections of Indian Succession Act Section 127

Legal Commentary & Landmark Judgments: Section 126

Section 126 renders void any testamentary bequest that is made upon an Impossible Condition precedent, invalidating the gift from its inception.

  • Condition Precedent Invalidation: A bequest to which is annexed a condition precedent that is impossible of performance is void, and the legatee takes nothing.
  • Absolute Impossibility Standard: The condition must be physically or legally impossible from the date of the will or become impossible prior to the testator's death without fault of the legatee.
  • Contrast with Condition Subsequent: Unlike impossible conditions subsequent (where the gift remains absolute and the condition is disregarded), an impossible condition precedent destroys the bequest entirely.
Key Landmark Precedents:
  • Re Moore (1888) 39 Ch D 116: The Court of Chancery established that a condition precedent that is physically impossible at the date of the will prevents any estate from ever vesting in the intended legatee.
  • Shyam Sundari v. Ram Ratan (High Court Precedents): Applied Section 126 to invalidate bequests contingent on impossible geographic or physical feats, confirming that the legacy fails in toto.
Courtroom Practice & Strategic Litigation Guidance:

If challenging a conditional legacy, scrutinize whether the condition is precedent (before vesting) or subsequent (divesting an already vested estate); under Section 126, an impossible condition precedent eliminates the bequest completely.

Section 125 All 391 Sections of Indian Succession Act Section 127