Indian Succession Act,1925
Act No : 39
Section :
Misnomer or misdescription of object.
76. Misnomer or misdescription of object.-(1) Where the wordsused in a will to designate or describe a legatee or a class oflegatees sufficiently show what is meant, an error in the name ordescription shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by adescription of him, and a mistake in the description of a legatee maybe corrected by the name.77 Illustrations (i) A bequeaths a legacy to "Thomas, the second son of my brotherJohn". The testator has an only brother named John, who has no sonnamed Thomas, but has a second son whose name is William. William willhave the legacy. (ii) A bequeaths a legacy "to Thomas, the second son of mybrother John". The testator has an only brother, named John, whosefirst son is named Thomas and whose second son is named William.Thomas will have the legacy. (iii) The testator bequeaths his property "to A and B, thelegitimate children of C". C has no legitimate child, but has twoillegitimate children, A and B. The bequest to A and B takes effect,although they are illegitimate. (iv) The testator gives his residuary estate to be divided among"my seven children" and, proceeding to enumerate them, mentions sixnames only. This omission will not prevent the seventh child fromtaking a share with the others. (v) The testator, having six grandchildren, makes a bequest to"my six grandchildren" and, proceeding to mention them by theirChristian names, mentions one twice over omitting another altogether.The one whose name is not mentioned will take a share with the others. (vi) The testator bequeaths "1,000 rupees to each of the threechildren of A". At the date of the will A has four children. Each ofthese four children will, if he survives the testator, receive alegacy of 1,000 rupees.
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