Section 131: Bequest over, conditional upon happening or not happening of specified uncertain event

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 131

Section 131 validates Executory Bequests and Defeasance Clauses, allowing a vested bequest to be subjected to a condition that it shall cease and pass to another person upon the occurrence of a specified uncertain event.

  • Defeasance and Gift Over: A bequest may be made to any person with the condition superadded that, in case a specified uncertain event happens, the interest shall pass to another person.
  • Conditional Limitation: The initial bequest vests immediately in the primary legatee, but is subject to being divested upon the happening of the specified future event.
  • Subordination to Perpetuity Rules: The specified uncertain event must occur, if at all, within the period permitted by the rule against perpetuities under Section 114.
Key Landmark Precedents:
  • Mahesh Chand Sharma v. Raj Kumari Sharma (1996) 8 SCC 128: The Supreme Court held that defeasance clauses under Section 131 are fully valid under Indian law, divesting a vested estate upon the happening of a lawful specified uncertain event.
  • Bajrang Bahadur Singh v. Bakhtraj Kuer (1953) SCR 232: The Supreme Court recognized that an absolute estate can be validly subjected to an executory gift over under Section 131 provided the defeasance clause is unambiguous and not repugnant.
Courtroom Practice & Strategic Litigation Guidance:

In drafting defeasance clauses (e.g. 'to my son A, but if he dies without surviving issue, then to my daughter B'), counsel must anchor the provision in Section 131 and ensure the event is tied to a life in being to prevent invalidation under the perpetuity rule.