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Indian Succession Act, 1925 · Chapter VI: Of the Construction of Wills

Section 108: When lapsed share goes as undisposed of

Where a share which lapses is a part of the general residue bequeathed by the Will, that share shall go as undisposed of.

Illustration

The testator bequeaths me residue of his estate to A, B and C, to be equally divided between them. A dies before the testator. His one-third of the residue goes as undisposed of.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 108

No Supreme Court judgment in our database cites this section yet.