Indian Succession Act,1925

Act No : 39

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Section : Extrinsic evidence inadmissible in case of patent ambiguity ordeficiency.

81. Extrinsic evidence inadmissible in case of patent ambiguityor deficiency.-Where there is an ambiguity or deficiency on the faceof a will, no extrinsic evidence as to the intentions of the testatorshall be admitted.79 Illustrations (i) A man has an aunt, Caroline, and a cousin, Mary, and has noaunt of the name of Mary. By his will he bequeaths 1,000 rupees to "myaunt, Caroline" and 1,000 rupees to "my cousin, Mary" and afterwardsbequeaths 2,000 rupees to "my before-mentioned aunt, Mary". There isno person to whom the description given in the will can apply, andevidence is not admissible to show who was meant by "my before-mentioned aunt, Mary". The bequest is therefore void for uncertaintyunder section 89. (ii) A bequeaths 1,000 rupees to leaving a blank for thename of the legatee. Evidence is not admissible to show what name thetestator intended to insert.(iii) A bequeaths to B rupees, or "my estate of ".Evidence is not admissible to show what sum or what estate thetestator intended to insert.

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