CHAPTER XI.--Of Conditional BequestsCentral

Section 132 of The Indian Succession Act, 1925 in hindi

An ulterior bequest of the kind contemplated by section 131 cannot take effect, unless the condition is strictly fulfilled. Illustrations

(i)A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, C and D, the legacy shall go to E. E' dies. Even if A marries without the consent of B and C, the gift to E does not take effect.
(ii)A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, the legacy shall go to C. A marries with the consent of B. He afterwards becomes a widower and marries again without the consent of B. The bequest to C does not take effect.
(iii)A legacy is bequeathed to A, to be paid at 18, or marriage, with a proviso that, if A dies under 18 or marries without the consent of B, the legacy shall go to C. A marries under 18, without the consent of B. The bequest to C takes effect.

Summary

This provision mandates that any backup gift dependent on an event must have its condition followed exactly for the gift to take effect.
If the specific condition is not perfectly met, the property will not transfer to the backup person.
This rule applies specifically to the ulterior bequests that were introduced in the previous section.
It ensures that the exact wishes of the person making the will are respected without loose interpretations.

Practical examples

1Vikram leaves a car to his daughter Neha, but says it goes to his brother Ravi if Neha marries without the consent of both her mother and her uncle. Neha marries with only her mother's consent. Ravi does not get the car because the condition was not strictly fulfilled.

2Fatima leaves a trust fund to her nephew Tariq, to be paid at age 21 or upon marriage, provided that if he marries without his father's consent, the fund goes to a hospital. Tariq marries at 19 without his father's consent. The hospital receives the fund because the condition was strictly met.

FAQ

1. How exactly must a condition be met under Section 132 of The Indian Succession Act, 1925?

According to Section 132 of The Indian Succession Act, 1925, the condition for an ulterior bequest must be strictly fulfilled.

2. Does Section 132 of the Act apply to all types of gifts?

Section 132 of the Act applies specifically to an ulterior bequest of the kind contemplated by section 131.

3. What happens under Section 132 of the succession law if a person marries with the required consent, but later remarries without it?

An illustration in Section 132 of the succession law shows that if the person marries with consent the first time, the condition is fulfilled, and a later marriage without consent does not trigger the backup gift.

Test yourself

Q1.If a backup gift is created based on an uncertain event as described in Section 131, how does Section 132 of The Indian Succession Act, 1925 dictate the condition must be met?

Q2.Under Section 132 of the succession law, what happens if a gift is supposed to go to person C if person A marries without the consent of person B, and person A actually marries with person B's consent?

Q3.According to Section 131 and Section 132 of the Act, if a backup gift is conditional on an uncertain event, what happens if the event only almost happens?

Q4.In the illustrations for Section 132 of The Indian Succession Act, 1925, what happens if a legacy is supposed to go to a third party if someone marries under 18 without consent?

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