Vidhara

The Indian Succession Act, 1925

§100Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate

In the absence of any intimation to the contrary in a will, the word "child," the word "son," the word "daughter," or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the will, the reputation of being such relative. Illustrations (i) A having three children, B, C and D, of whom B and C are legitimate and D is illegitimate, leaves his property to be equally divided among "my children". The property belongs to B and C in equal shares, to the exclusion of D. (ii) A, having a niece of illegitimate birth, who has acquired the reputation of being his niece, and having no legitimate niece, bequeaths a sum of money to his niece. The illegitimate niece is entitled to the legacy. (iii) A, having in his will enumerated his children, and named as one of them B, who is illegitimate, leaves a legacy to "my said children". B will take a share in the legacy along with the legitimate children. (iv) A leaves a legacy to "the children of B". B is dead and has left none but illegitimate children. All those who had at the date of the will acquired the reputation of being the children of B are objects of the gift. (v) A bequeaths a legacy to "the children of B". B never had any legitimate child. C and D had, at the date of the will, acquired the reputation of being children of B. After the date of the will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest. (vi) A makes a bequest in favour of his child by a certain woman, not his wife. B had acquired at the date of the will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favour of his child to be born of a woman who never becomes his wife. The bequest is void. (viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void.

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Official text: India Code (official)

Official India Code text: The Indian Succession Act, 1925, English PDF (bitstream 123456789/19051/1/indian_succession_act_1925.pdf, 694,325 bytes, sha256 07fb374ab81026e8...) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-08-03. This PDF brackets its footnotes with drawn rules and renders superscript markers inline ("1*50. General principles…"), both of which are handled at ingest (D-062). Section 52 is absent because this edition does not print it — its own footnote records sections 50 to 56 being substituted by Act 17 of 1939. Extracted via pdftotext 26.07 -bbox and the @nexlex/ingest inline parser. Automated parse; footnotes and amendment history excluded. Spot-verified against the PDF; full clause-level proofread pending.

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