Succession Act:

When legacy does not lapse: When legatee himself is the lineal descendant of the testator, and predeceases the testator, leaving a lineal descendant who survives the testator, legacy does not lapses, Sorabji v Sharesh Dubash (1987) (MP) 89. Reports 2 not lapse

Section 109 is applicable only when a bequest has been made to any child or other lineal descendants of the testator and the legatee dies during the lifetime of the testator. In that event, the bequest would not lapse but would take effect as if death of the legatee has happened immediately after the testator. So it is necessary to know the meanings of the word "child" and "lineal descendant" - see next heading.

The expressions "child" and "lineal descendant" have not been defined in the Act. After-born child, that is a child born after the execution Will is a 'child' within the meaning of sec. 109. A child born or begotten in lawful wedlock is a 'legitimate child'. A child that was neither born nor begotten in lawful wedlock nor later legitimized is an illegitimate child.

Where the bequeath is made by a testator to his own children, the question of legitimacy should be determined in accordance with the provisions of sec. 112 of the Evidence Act unless anything has been stated specifically in the Will itself. In case of a Will by a testatrix, the expression "child" includes all the children given birth by her. of the

According to Srivastava J:
"lineal descendant would mean the offspring of lawful marriage and not offspring of union which is not that of husband and wife. The plain meaning of lineal descendant is one who is in the blood-stream of the ancestral such as child or grandchild of the remotest degree. There cannot be any other meaning of this word" Sunderlal v Tejila Chourasiya AIR 2004 MP 138.

The word "lineal" as defined in Black's Law Dictionary (7th Ed.) is "derived from or relating to common ancestors, esp. in a direct line; hereditary". The word "descendant" has been defined as "one who follows in lineage, such as a child or grandchild but a collateral relative". The words "lineal descendant", therefore, mean what Srivastava J. has held. It is linea directa, which means the relationship among persons in the direct line of ascent and descent, such as grandfather, father, and son.

Child and lineal descendants:
Lineal descendants includes both male and female descendants and is not restricted to male descendants only Bhimnath v Tara AIR 1929 PC 162: 116 IC 608.

A Hindu testator who had no male child made a bequest of his certain real property in favour of his eldest daughter and to her sons from generation to generation. The legatee who had daughters, predeceased the testator who subsequently died leaving behind him a widow and some other daughter. The daughters of the deceased legatee claimed the legacy as lineal descendants contending that although section 109 did not apply in terms, analogous principles of justice, equity and good conscience should govern the case.