Sections 134-137 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.
Some conditions in a will are met before the legatee takes. Others work the other way: the legatee takes, and then loses the bequest if something happens. Sections 134 to 137 deal with that second kind, and with what happens when the legatee acts so that the condition cannot be performed, or does not perform it in time.
As per the text of the Act consulted: a bequest may be made with the condition super-added that it shall cease to have effect in case a specified uncertain event shall happen, or shall not happen (s.134). The event must be one that could legally constitute the condition of a bequest as contemplated by section 120 (s.135). Where no time is specified and the legatee takes a step which renders impossible or indefinitely postpones the required act, the legacy goes as if the legatee had died without performing it (s.136). Where the will fixes a time, the act must be performed within it, unless fraud prevented it, in which case further time is allowed to make up for the delay (s.137).
Section 134: a bequest that ceases on an event
Section 134 provides that a bequest may be made with the condition super-added that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen.
This is the mirror of section 131. There, a condition sends the thing to someone else. Here, the condition ends the legatee's interest. The Act's five illustrations:
| No. | Facts | Result |
|---|---|---|
| (i) | An estate to A for his life, with a proviso that if he cuts down a certain wood the bequest ceases | A cuts down the wood and loses his life-interest |
| (ii) | An estate to A, provided that if he marries under 25 without the consent of the executors named in the will, it ceases to belong to him | A marries under 25 without that consent; the estate ceases to belong to him |
| (iii) | An estate to A, provided that if he shall not go to England within three years after the testator's death, his interest ceases | A does not go within the time; his interest ceases |
| (iv) | An estate to A, with a proviso that if she becomes a nun she ceases to have any interest | A becomes a nun and loses her interest under the will |
| (v) | A fund to A for life, then to B if B is then living, with a proviso that if B becomes a nun the bequest to her ceases | B becomes a nun in A's lifetime and loses her contingent interest |
The illustrations use old settings, such as a journey to England and entry into a religious order. They are the Act's illustrations and not current facts.
If you are reading a will whose gift can be cut short by a later event, a drafting review of the clause helps before anyone relies on it.
Section 135: the event must be one that could be a lawful condition
Section 135 states that, in order that a condition that a bequest shall cease to have effect may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by section 120.
So the tests in sections 126 and 127 (an impossible condition, or one contrary to law or morality) and the rules in section 120 on specified uncertain events carry through to a condition that ends a bequest. The text of the section does not repeat those tests; it points to section 120 and to a lawful condition. For those sections see our articles on sections 120 and 121 and sections 126 to 128.
Section 136: the legatee who defeats the condition himself
Section 136 deals with a bequest made with a condition super-added that, unless the legatee performs a certain act, the subject-matter shall go to another person, or the bequest shall cease to have effect, but no time is specified for the performance of the act. If the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy goes as if the legatee had died without performing such act.
The Act's two illustrations:
- A bequest is made to A, with a proviso that unless he enters the Army, the legacy shall go over to B. A takes Holy Orders and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy.
- A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and thereby indefinitely postpones the fulfilment of the condition. The bequest ceases to have effect.
The reasoning is simple. Where the will gives no time, a legatee might be tempted to leave the act undone for ever while keeping the legacy. The section treats a step that makes the act impossible, or puts it off indefinitely, as if the legatee had died without doing it. The section applies only where no time is specified.
Section 137: where a time is specified
Section 137 provides that where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non-fulfilment of which the subject-matter of the bequest is to go over to another person or the bequest is to cease to have effect, the act must be performed within the time specified. The one exception: unless the performance of it be prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by such fraud.
Two points stand out. First, the section covers both a condition precedent and a condition subsequent. Second, the only exception printed is fraud, and the extra time is measured by the delay the fraud caused. The section prints no other excuse. Compare illustration (vii) to section 128, where performance within a reasonable time but not within the specified time earned nothing; see our article on sections 126 to 128.
The copy prints the heading of section 137 with the sentence "Further time in case of fraud" running on after a full stop, which is a printing feature of the copy and not an error in substance.
Examples with invented names
Condition subsequent. Leela's will leaves a house to her nephew Manoj "so long as he lives in it, and if he rents it out, his interest shall end". Manoj rents it out. This is a condition that the bequest shall cease on an event, as in section 134.
Legatee defeats the condition. A will leaves 2 lakh rupees to Nikhil "unless he leaves the country, in which case it goes to his sister". No time is stated. Nikhil leaves the country permanently. Reading section 136, the legacy goes as if he had died without performing the act required, so the sister takes.
Time fixed, fraud. A will leaves land to Omar if he pays 1 lakh rupees to a trust within six months of the testator's death. A relative falsely tells Omar that the trust has closed, and he pays six weeks late. Section 137 allows such further time as is needed to make up for the delay caused by the fraud.
Where the sections apply
Schedule III lists sections 134 to 137 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 parallel sections for transfers between living persons; see our article on sections 31 to 34 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 that can end a gift?
Conditions that end a gift, or that set a deadline, are easy to write loosely. Our drafting team can read the wording with you and test it against sections 134 to 137.
Key takeaways
- A bequest may be made to cease on a specified uncertain event (s.134).
- The event must be one that could lawfully be a condition under section 120 (s.135).
- Where no time is specified, a step that makes the act impossible or indefinitely postpones it is treated as a failure to perform (s.136).
- Where a time is specified, the act must be performed within it; fraud earns further time to make up the delay (s.137).
Read next
- Sections 131 to 133: ulterior bequest on an uncertain event
- Sections 138 to 141: directions on application or enjoyment and bequest to an executor
- Sections 126 to 128: impossible or illegal conditions
- Sections 31 to 34 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.