Section 97 of the Indian Succession Act, deals with the concept of “Bequest in Alternative”. It refers to a situation where a testator makes a bequest to one person with an intention that if that person predeceases the testator, the bequest would go to an alternative beneficiary. If the testator does not express a contrary intention in a Will, the legatee or beneficiary first named will be entitled to the legacy if he or she is alive at the time when it takes effect. If the legatee first named is dead at the time when it takes effect, the legacy will go to the person or class of persons named as the alternative legatee in the Will.

This section deals with the case of alternative donees. Its object is to prevent lapse. This section requires that the original bequest should be to an individual, the alternative bequest may be to a person or to a class.

Example:
1. A bequest is made to A or B. A survives the testator. B takes nothing and A will get the legacy.
2. A bequest is made to A or B. A dies after the date of the Will and before the testator. In such case the legacy will go to B.