Section 137: Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 137

Section 137 regulates the time within which a testamentary condition must be performed and provides relief by extending time where performance was prevented by fraud.

  • Performance Within Specified Time: Where the will specifies a time within which a condition (precedent or subsequent) must be performed, the condition must be performed within that period.
  • Statutory Relief Against Fraud: Provides that where the performance of the condition within the specified time was prevented by fraud, further time may be allowed for its performance.
  • Equitable Protection of Legatee: Prevents collusive third parties or rival heirs from sabotaging a legatee's ability to fulfill a condition in order to capture the forfeited estate.
Key Landmark Precedents:
  • Rajendra Prasad v. Gopal Prasad (1930) 10 Pat 212: Judicial interpretations established that Section 137 codifies the equitable principle that no person can benefit from fraud practiced to prevent the performance of a testamentary condition.
  • S.P. Chengalvaraya Naidu v. Jagannath (1994) 1 SCC 1: The Supreme Court's cardinal ruling that fraud vitiates all solemn acts applies directly to protect a legatee under Section 137 whose compliance was blocked by fraudulent concealment.
Courtroom Practice & Strategic Litigation Guidance:

If rival heirs concealed the existence of the will or physically prevented the legatee from performing a time-sensitive condition (such as making a pilgrimage or taking an oath within 6 months), counsel must apply under Section 137 for statutory time extension on grounds of fraud.