Indian Succession Act,1925

Act No : 39

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Section : Extrinsic evidence admissible in cases of patent ambiguity.

80. Extrinsic evidence admissible in cases of patent ambiguity.-Where the words of a will are unambiguous, but it is found byextrinsic evidence that they admit of applications, one only of whichcan have been intended by the testator, extrinsic evidence may betaken to show which of these applications was intended. Illustrations (i) A man, having two cousins of the name of Mary, bequeaths asum of money to "my cousin Mary". It appears that there are twopersons, each answering the description in the will. That description,therefore, admits of two applications, only one of which can have beenintended by the testator. Evidence is admissible to show which of thetwo applications was intended. (ii) A, by his will, leaves to B "my estate called SultanpurKhurd". It turns out that he had two estates called Sultanpur Khurd.Evidence is admissible to show which estate was intended.

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