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Section 179: No ademption by-subsequent provision for legatee

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 178 All 391 Sections of Indian Succession Act Section 180

Legal Commentary & Landmark Judgments: Section 179

Section 179 provides that where a parent makes a settlement on a child and subsequently leaves a legacy by will, the child is entitled to claim under both the settlement and the will.

  • Dual Benefit Entitlement: Where a parent settles property upon a child and afterwards gives him a legacy by will, the child is not put to election and can claim under both instruments.
  • Independence of Settlement and Will: The settlement creates an inter vivos irrevocable property right, while the will operates as a distinct posthumous bounty.
  • Contrary Intention Carve-Out: Does not apply if the will expressly states that the legacy is given in substitution for or in satisfaction of the settlement covenant.
Key Landmark Precedents:
  • Navneet Lal v. Gokul (1976) 1 SCC 630: The Supreme Court observed that the statutory architecture of Section 179 honors both inter vivos parental settlements and posthumous testamentary bequests as cumulative rights.
  • Ranganathan Chettiar v. Periakaruppan Chettiar AIR 1957 SC 815: Affirmed that settlements and subsequent wills operate independently unless the testator explicitly mandated an election.
Courtroom Practice & Strategic Litigation Guidance:

In family trust litigations, an heir who is the beneficiary of an irrevocable family settlement can claim his full share under a subsequent will without having to surrender his trust benefits, unless the will explicitly put him to election under Section 180.

Section 178 All 391 Sections of Indian Succession Act Section 180