Mera Samvidhaan All of Indian Succession Act, 1925

Part VI · Chapter VI · Of the construction of Wills

88The last of two inconsistent clauses prevails.

Section 88 · Part VI · Chapter VI · page 35 of the Act

Where two clauses of gifts in a will are irreconcile-able, so that they cannot possibly stand together, the last shall prevail.

Illustrations

(i) The testator by the first clause of his will leaves his estate of Ramnagar “to A,” and by the last clause of his will leaves it “to B and not to A”. B will have it.

(ii) If a man, at the commencement of his will gives his house to A, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of B, the latter disposition will prevail.

Section 88 of The Indian Succession Act, 1925 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.