Indian Succession Act,1925
Act No : 39
Section :
When part of description may not be rejected as erroneous.
79. When part of description may not be rejected as erroneous.-Ifa will mentions several circumstances as descriptive of the thingwhich the testator intends to bequeath, and there is any property ofhis in respect of which all those circumstances exist, the bequestshall be considered as limited to such property, and it shall not belawful to reject any part of the description as erroneous, because thetestator had other property to which such part of the description doesnot apply. Explanation.--In judging whether a case falls within the meaningof this section, any words which would be liable to rejection undersection 78 shall be deemed to have been struck out of the will. 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, some ofwhich were in the occupation of X, and some not in the occupation ofX. The bequest will be considered as limited to such of the testator'smarsh-lands lying in L as were in the occupation of X. (ii) A bequeaths to B "my marsh-lands lying in L and in theoccupation of X, comprising 1,000 bighas of lands". The testator hadmarsh-lands lying in L some of which were in the occupation of X andsome not in the occupation of X. The measurement is whollyinapplicable to the marsh-lands of either class, or to the whole takentogether. The measurement will be considered as struck out of thewill, and such of the testator's marsh-lands lying in L as were in theoccupation of X shall alone pass by the bequest.
Read All Comments
