Sections 131-133 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.
A will may give property to one person with a condition added: if a certain uncertain event happens, or does not happen, the property goes to someone else. The later gift is called an ulterior bequest. Sections 131 to 133 set three rules for it: what is allowed and which earlier rules govern it, how strictly the condition must be met, and what happens to the first gift if the ulterior bequest is invalid.
As per the text of the Act consulted, a bequest may be made to any person with the condition super-added that, in case a specified uncertain event shall happen (or shall not happen), the thing goes over to another person. The ulterior bequest is subject to the rules in sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130 (s.131). It cannot take effect unless the condition is strictly fulfilled (s.132). If the ulterior bequest is not valid, the original bequest is not affected (s.133).
Section 131: the gift over on an uncertain event
Sub-section (1) allows a bequest to be made to any person with the condition super-added that, in case a specified uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified uncertain event shall not happen, the thing shall go over to another person. The copy prints the first word in lower case ("a bequest"); this is a printing point only.
Sub-section (2) says that in each case the ulterior bequest is subject to the rules contained in sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130. Those are the rules on contingent legacies, onerous bequests, uncertain events, survivors, impossible and illegal conditions, and bequests over. Notice that sections 128 and 131 itself are not in the list. See our articles on sections 120 and 121, sections 122 to 125 and sections 126 to 128.
If you are reading a will that has a gift over, a legal consultation helps to identify which of those listed rules governs the clause.
The Act's five illustrations to section 131
- A sum is bequeathed to A, to be paid at 18, and if he dies before that age, to B. A takes a vested interest in the legacy, subject to be divested and to go to B if A dies under 18.
- An estate is bequeathed to A with a proviso that if A disputes the competency of the testator to make a will, the estate goes to B. A disputes it. The estate goes to B.
- A sum is bequeathed to A for life, then to B, but if B is then dead leaving a son, the son stands in B's place. B takes a vested interest, subject to be divested if he dies leaving a son in A's lifetime.
- A sum is bequeathed to A and B, and if either should die during the life of C, then to the survivor living at the death of C. A and B die before C. The gift over cannot take effect, but the representative of A takes one-half and the representative of B the other half.
- A bequeaths to B the interest of a fund for life, and directs the fund to be divided at her death equally among her three children, or such of them as are living at her death. All the children of B die in B's lifetime. The bequest over cannot take effect, but the interests of the children pass to their representatives.
Illustrations 1 and 3 show a vested gift that can be taken away by the event. Illustrations 4 and 5 show a gift over that fails because the event it needed (a survivor at a point of time) did not occur, so the earlier shares stay with the representatives.
Section 132: strict fulfilment of the condition
Section 132 provides that an ulterior bequest of the kind contemplated by section 131 cannot take effect unless the condition is strictly fulfilled.
This is the counterpart of section 128. For a condition that must be met before the legatee takes a vested interest, substantial compliance is enough. For a gift over that takes property away from the first legatee, strict fulfilment is required. The Act's three illustrations:
| No. | Facts | Result |
|---|---|---|
| (i) | A legacy to A, with a proviso that if he marries without the consent of B, C and D, it goes to E. D dies. A marries without the consent of B and C | The gift to E does not take effect |
| (ii) | A legacy to A, with a proviso that if he marries without B's consent, it goes to C. A marries with B's consent, becomes a widower and marries again without B's consent | The bequest to C does not take effect |
| (iii) | A legacy to A, payable at 18 or marriage, with a proviso that if A dies under 18 or marries without B's consent it goes to C. A marries under 18, without B's consent | The bequest to C takes effect |
In (i) the condition as written needed the consent of all three, and one of them is dead, so the event that triggers the gift over (marrying without the consent of B, C and D) cannot be strictly met. In (ii) the condition was met by the first marriage, and the second marriage does not revive it. In (iii) the event as worded did happen: A married under 18 without B's consent.
Section 133: the original bequest survives an invalid gift over
Section 133 provides that if the ulterior bequest is not valid, the original bequest is not affected by it. Three illustrations:
- An estate is bequeathed to A for life, with a condition that if he shall not on a given day walk 100 miles in an hour, it goes to B. The condition being void, A retains his estate as if no condition had been inserted.
- An estate is bequeathed to A for her life and, if she does not desert her husband, to B. A is entitled to the estate during her life as if no condition had been inserted.
- An estate is bequeathed to A for life and, if he marries, to the eldest son of B for life. B has not had a son at the testator's death. The bequest over is void, and A is entitled to the estate during his life.
Printing note: in illustration (iii) the copy says the bequest over is "void under section 105". Section 105 in this Act concerns lapse; the sense of the illustration (a bequest to a person not in existence at the testator's death) points to a different section. This is flagged here and not corrected; the article on section 112 and the article on section 113 deal with such bequests. The copy also prints "b" in lower case in that illustration.
Examples with invented names
Gift over triggered. Chandra's will leaves a bungalow to her son Veer "provided that if he sells it within ten years it shall go to my daughter Wafa". Veer sells in year four. The event named happened, and the gift over takes effect, subject to the rules in section 131(2).
Not strictly met. The will says the shop goes to Xavier "unless he marries without the consent of my three brothers, in which case it goes to my niece". One brother dies. Xavier marries without the consent of the two living brothers. By illustration (i) of section 132, the condition as worded was not strictly met and the gift over does not take effect.
Invalid gift over. A will leaves a house to Yasmin for life and "if she does not desert her husband, to Zainab". Under section 133 and illustration (ii), Yasmin keeps her estate as if no condition had been inserted.
Where the sections apply
Schedule III lists sections 131, 132 and 133 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 has a parallel group for transfers between living persons; see our article on sections 27 to 30 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 with a will that has a gift over?
A condition that takes property away from one beneficiary and gives it to another is a common source of dispute. You can start with a legal consultation so the wording is read against sections 131 to 133 before anyone acts on it.
Key takeaways
- A bequest may carry a condition that on a specified uncertain event the thing goes to another person (s.131(1)).
- The ulterior bequest is subject to the rules in sections 120 to 127, 129 and 130 (s.131(2)).
- An ulterior bequest takes effect only if the condition is strictly fulfilled (s.132).
- If the ulterior bequest is not valid, the original bequest is not affected (s.133).
- Section 128 allows substantial compliance for a condition precedent; section 132 requires strict compliance for a gift over.
Read next
- Sections 129 and 130: bequest over on failure of a prior bequest
- Sections 134 to 137: condition subsequent and time for performing a condition
- Sections 126 to 128: impossible or illegal conditions
- Sections 27 to 30 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.