Section 129: Bequest to A and on failure of prior bequest to B

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 129

Section 129 codifies the Doctrine of Acceleration of Subsequent Bequests, providing that where a prior bequest fails, the ultimate bequest takes effect unless the will indicates a contrary intention.

  • Failure of Prior Bequest: Where the prior gift in favor of 'A' fails or lapses (e.g. due to A predeceasing the testator, disclaimer, or legal invalidity), the gift over to 'B' takes immediate effect.
  • Doctrine of Acceleration: The subsequent gift is accelerated and vests in possession immediately upon the failure of the antecedent life estate or prior interest.
  • Contrary Intention Carve-Out: Does not take effect if the will expressly stipulates that the second bequest shall take effect only upon a specific, exclusive contingency.
Key Landmark Precedents:
  • Navneet Lal v. Gokul (1976) 1 SCC 630: The Supreme Court recognized that the doctrine of acceleration under Section 129 carries out the dominant intent of the testator to benefit the ultimate legatee upon the elimination of the prior interest.
  • Laxman Balwant Bhopatkar v. Charity Commissioner AIR 1962 SC 1589: Affirmed that when a prior life estate fails from inception, the remainderman's interest is accelerated into immediate possession.
Courtroom Practice & Strategic Litigation Guidance:

If a life-tenant under a will disclaims the life interest or predeceases the testator, counsel for the remainderman should immediately file for probate or possession citing Section 129, as the remainder accelerates into an immediate absolute estate.