Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive -the legacy, as well as the portion.
Illustration:
A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken.
A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition totheir portions.
Legal Commentary & Landmark Judgments: Section 178
Section 178 establishes that where a parent makes an advancement or portion to a child during his lifetime, the child does not lose any legacy bequeathed to him in a prior will.
If siblings object to a daughter receiving her will legacy on grounds that 'she was already given a dowry/advancement of Rs. 15 Lakhs at her wedding', cite Section 178; lifetime parental gifts do not diminish or satisfy testamentary bequests.