Sections 126-128 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Testators often attach conditions to gifts: marry with the consent of someone, execute a document, reach a certain age. Chapter XI of Part VI, "Of Conditional Bequests", begins with three sections that sort conditions into three groups: those that cannot be performed, those that are unlawful, and those that must be satisfied before the legatee takes a vested interest.
As per the text of the Act consulted: a bequest upon an impossible condition is void (s.126). A bequest upon a condition, the fulfilment of which would be contrary to law or to morality, is void (s.127). Where a will imposes a condition to be fulfilled before the legatee can take a vested interest, the condition is considered fulfilled if it has been substantially complied with (s.128). The Act's illustrations show how far substantial compliance goes, and where it stops, as in the case of a time fixed by the will.
Section 126: impossible conditions
Section 126 is one sentence: a bequest upon an impossible condition is void. The Act gives two illustrations:
- An estate is bequeathed to A on condition that he shall walk 100 miles in an hour. The bequest is void.
- A bequeaths 500 rupees to B on condition that he shall marry A's daughter. A's daughter was dead at the date of the will. The bequest is void.
The first condition is impossible in itself. The second was impossible on the day the will was made, because the person to be married was already dead. The text does not discuss a condition that becomes impossible after the will is made; it speaks of a bequest "upon an impossible condition".
For the related rule that deals with the same kinds of condition when attached to a gift over, see our article on the ulterior bequest and the strict fulfilment of conditions.
Section 127: illegal or immoral conditions
Section 127 provides that a bequest upon a condition, the fulfilment of which would be contrary to law or to morality, is void. Two illustrations:
- A bequeaths 500 rupees to B on condition that he shall murder C. The bequest is void.
- A bequeaths 5,000 rupees to his niece if she will desert her husband. The bequest is void.
The test in the text is the content of the condition: would fulfilling it be contrary to law or to morality? The Indian Trusts Act, 1882 has a related provision on a bequest for an illegal purpose; see our article on sections 84 and 85 of that Act and check the current law for the corresponding provision.
If you are drafting or reading a will that contains a condition and you are not sure it passes these two sections, a short drafting review before the will is signed can save a dispute later.
Section 128: substantial compliance with a condition precedent
Section 128 deals with a condition to be fulfilled before the legatee can take a vested interest. The condition "shall be considered to have been fulfilled if it has been substantially complied with". This is the only one of the three sections that is about satisfaction rather than invalidity. The Act's seven illustrations:
| No. | Facts | Result |
|---|---|---|
| (i) | A legacy to A on condition he marries with the consent of B, C, D and E. A marries with B's written consent; C is present at the marriage; D sends a present before it; E is told personally and makes no objection | A has fulfilled the condition |
| (ii) | A legacy to A on condition he marries with the consent of B, C and D. D dies. A marries with the consent of B and C | A has fulfilled the condition |
| (iii) | The same condition. A marries while B, C and D are living, with the consent of B and C only | A has not fulfilled the condition |
| (iv) | The same condition. A obtains the unconditional assent of B, C and D to his marriage with E; they later capriciously retract; A marries E | A has fulfilled the condition |
| (v) | The same condition. A marries without the consent of B, C and D but obtains it after the marriage | A has not fulfilled the condition |
| (vi) | A bequeaths a sum to B if B marries with the consent of A's executors. B marries during A's lifetime, and A afterwards expresses his approbation. A dies | The bequest to B takes effect |
| (vii) | A legacy to A if he executes a certain document within a time specified in the will. He executes it within a reasonable time, but not within the time specified | A has not performed the condition and is not entitled to the legacy |
What the illustrations show
- Substantial compliance is real. In (i), the consents are not all given in the same form, yet the condition is met. In (ii), a consenting person's death does not defeat the condition. In (iv), consent once given cannot be withdrawn by caprice.
- It has limits. In (iii), two of three living persons consented, and that is not enough. In (v), consent after the marriage comes too late. In (vii), where the will fixes a time, a reasonable time is not the specified time.
- Illustration (vi) shows a testator's own approval of the marriage during his life satisfying a condition that named his executors.
A printing point: in illustration (iv) the copy reads "B, C and d" with a small letter; it is a typographical slip.
Examples with invented names
Impossible. A will leaves a sum to Rahul "if he swims across the sea in a day". Under section 126 the bequest is void.
Illegal. A will leaves a house to Seema "if she gives false evidence for me in my brother's case". The fulfilment would be contrary to law, so under section 127 the bequest is void.
Substantial compliance. A will leaves 4 lakh rupees to Tanvi "if she marries with the consent of my three sisters". One sister dies before the marriage; Tanvi marries with the consent of the other two. Following illustration (ii), she has fulfilled the condition.
Time specified. A will leaves a plot to Uday "if he pays 50,000 rupees to the temple within one year of my death". He pays in the thirteenth month. Following illustration (vii), the time named in the will was not met, and substantial compliance does not rescue him.
Where these sections sit
Schedule III lists sections 126, 127 and 128 among the sections of Part VI that section 57 applies to the wills and codicils of Hindus, Buddhists, Sikhs and Jainas described there. Section 58 as printed says Part VI does not apply to the testamentary succession to the property of any Muhammadan. See our article on wills of Hindus, Buddhists, Sikhs and Jainas and Schedule III.
The Transfer of Property Act, 1882 deals with conditional transfers between living persons; see our article on sections 25 and 26 of that Act and check the current law for the corresponding provision. The print consulted shows amendments only up to the Indian Succession (Amendment) Act, 2002 (26 of 2002); check for later amendments.
Need help drafting a condition in a will?
Conditions in wills are easy to write and hard to enforce. If you are drafting one, or have been told you did not meet one, our drafting team can read the exact wording against these sections.
Key takeaways
- A bequest upon an impossible condition is void (s.126).
- A bequest upon a condition contrary to law or morality is void (s.127).
- A condition precedent is fulfilled if substantially complied with (s.128).
- A time fixed by the will is not met by acting within a reasonable time (illustration (vii)).
- Consent given after the marriage does not satisfy a condition of prior consent (illustration (v)).
Read next
- Sections 122 to 125: onerous bequests and contingent bequests
- Sections 129 and 130: bequest over on failure of a prior bequest
- Sections 131 to 133: ulterior bequest on an uncertain event
- Sections 25 and 26 of the Transfer of Property Act, 1882
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.