Indian Succession Act,1925

Act No : 39

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Section : Rejection of erroneous particulars in description of subject.

78. Rejection of erroneous particulars in description of subject.-If the thing which the testator intended to bequeath can besufficiently identified from the description of it given in the will,but some parts of the description do not apply, such parts of thedescription shall be rejected as erroneous, and the bequest shall takeeffect. Illustrations (i) A bequeaths to B "my marsh-lands lying in L and in theoccupation of X". The testator had marsh-lands lying in L but had nomarsh-lands in the occupation of X. The words "in the occupation of X"shall be rejected as erroneous, and the marsh-lands of the testatorlying in L will pass by the bequest. (ii) The testator bequeaths to A "my zamindari of Rampur". He hadan estate at Rampur but it was a taluq and not a zamindari. The taluqpasses by this bequest.78

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