Indian Succession Act,1925

Act No : 39

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Section : Inquiries to determine questions as to object or subject of will.

75. Inquiries to determine questions as to object or subject ofwill.-For the purpose of determining questions as to what person orwhat property is denoted by any words used in a will, a Court shallinquire into every material fact relating to the persons who claim tobe interested under such will, the property which is claimed as thesubject of disposition, the circumstances of the testator and of hisfamily, and into every fact a knowledge of which may conduce to theright application of the words which the testator has used. Illustrations (i) A, by his will, bequeaths 1,000 rupees to his eldest son orto his youngest grandchild, or to his cousin, Mary. A Court may makeinquiry in order to ascertain to what person the description in thewill applies. (ii) A, by his will, leaves to B "my estate called Black Acre".It may be necessary to take evidence in order to ascertain what is thesubject-matter of the bequest; that is to say, what estate of thetestator's is called Black Acre. (iii) A, by his will, leaves to B "the estate which I purchasedof C". It may be necessary to take evidence in order to ascertain whatestate the testator purchased of C.

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