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TypeBare Act JurisdictionCentral Government

Indian Succession Act, 1925 Section 78

Rejection of Erroneous Particulars in Description of Subject

~1 min read
https://sooperkanoon.com/act/46813

Bare act section · Research

About this section

Indian Succession Act, 1925 Section 78 is part of Indian Succession Act, 1925 - Rejection of Erroneous Particulars in Description of Subject. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

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 marsh-lands 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.

Frequently asked questions

What does Indian Succession Act, 1925 Section 78 provide?

Section Section 78 of the Indian Succession Act, 1925 (Rejection of Erroneous Particulars in Description of Subject) is reproduced on this page as part of the Indian Succession Act, 1925. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Indian Succession Act, 1925 Section 78?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Indian Succession Act, 1925 Section 78. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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