Section 134: Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 134

Section 134 validates testamentary conditions subsequent that cause a bequest to cease and determine upon the happening or non-happening of a specified uncertain event.

  • Condition of Forfeiture or Cessation: A bequest may be made with the condition superadded that it shall cease to have effect in case a specified uncertain event happens, or does not happen.
  • Extinguishment of Estate: Upon the happening of the specified event, the legatee's estate ceases by operation of law, even without an express gift over to another person.
  • Reversion to Residue: When an estate ceases under Section 134 without a gift over, the property falls into the residuary estate or passes to intestate heirs.
Key Landmark Precedents:
  • Mahesh Chand Sharma v. Raj Kumari Sharma (1996) 8 SCC 128: The Supreme Court held that a condition subsequent under Section 134 terminates the legatee's interest upon the occurrence of the specified condition, reverting the property to the testator's estate.
  • Bajrang Bahadur Singh v. Bakhtraj Kuer (1953) SCR 232: Affirmed that conditions subsequent that do not violate public policy or statutory perpetuity rules are legally binding on beneficiaries.
Courtroom Practice & Strategic Litigation Guidance:

A condition subsequent under Section 134 (such as ceasing to reside in a family mansion or failing to maintain an ancestral deity) must be precisely drafted; if the condition is vague or uncertain, courts will declare it void for uncertainty.