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Section 132: Condition must be strictly fulfilled

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 131 All 391 Sections of Indian Succession Act Section 133

Legal Commentary & Landmark Judgments: Section 132

Section 132 strictly mandates that a condition intended to divest an already vested estate must be strictly and literally fulfilled.

  • Strict Literal Compliance for Defeasance: Unlike conditions precedent where substantial compliance suffices under Section 128, a condition subsequent that divests a vested estate must be strictly and literally fulfilled.
  • Preservation of Vested Rights: Protects the primary legatee by ensuring that a vested estate cannot be divested or forfeited on ambiguous, approximate, or partial occurrences.
  • Strict Construction Rule: Any doubt or ambiguity in the happening of the divesting event is resolved in favor of maintaining the original vested bequest.
Key Landmark Precedents:
  • Mahesh Chand Sharma v. Raj Kumari Sharma (1996) 8 SCC 128: The Supreme Court emphasized that the law leans against forfeiture and divesting of vested estates, requiring strict and literal proof under Section 132 before an executory gift over takes effect.
  • Bajrang Bahadur Singh v. Bakhtraj Kuer (1953) SCR 232: Affirmed that courts will not divest a legatee unless the exact contingency contemplated by the testator has materialized to the letter.
Courtroom Practice & Strategic Litigation Guidance:

When defending an heir whose inheritance is threatened by a forfeiture clause in a will, counsel should rely on Section 132; any slight factual variance between what occurred and what the condition prescribed prevents divesting.

Section 131 All 391 Sections of Indian Succession Act Section 133