IS Act 78अध्याय VI · Chapter VI.--Of the construction of Wills
धारा 78 · Rejection of erroneous particulars in description of subject
अक्षर आकार — स्तर 1, कुल 4 में से
If the thing which the testator
intended to bequeath can be sufficiently identified from the description of it given in the will, but some
parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the
bequest shall take effect.
Illustrations
(i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X". The testator had marsh-lands lying in L but had no marsh-lands in the occupation of X. The words in the occupation of X shall be rejected as erroneous, and the marshlands of the testator lying in L will pass by the bequest.
(ii) The testator bequeaths to A "my zamindari of Rampur". He had an estate at Rampur but it was a taluq and not a zamindari. The taluq passes by this bequest.
Illustrations
(i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X". The testator had marsh-lands lying in L but had no marsh-lands in the occupation of X. The words in the occupation of X shall be rejected as erroneous, and the marshlands of the testator lying in L will pass by the bequest.
(ii) The testator bequeaths to A "my zamindari of Rampur". He had an estate at Rampur but it was a taluq and not a zamindari. The taluq passes by this bequest.
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