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IEA, 1872
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IEAChapter VISection 100
Section100

Saving of provisions of Indian Succession Act relating to wills

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Summary

Provisions in this Chapter do not change how wills are to be interpreted under the Indian Succession Act. If the meaning or construction of a will is in question, the rules of the Indian Succession Act apply. The Evidence Act provisions in this Chapter cannot override those succession rules.

Example

Ravi's father left a will saying "to my eldest child" but it is unclear who that refers to. Even if the evidence rules in this Chapter suggest a particular kind of proof, the court will use the construction rules in the Indian Succession Act to decide the will's meaning. The Chapter does not alter that outcome.

Bare Act

Enacted text

Nothing in this Chapter contained shall be taken to affect any of the provisions of the Indian Succession Act (10 of 1865)1 as to the construction of wills.

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VI

Chapter VI

Of the Exclusion of Oral or Documentary Evidence

In this chapter

  • 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
  • 92Exclusion of evidence of oral agreement
  • 93Exclusion of evidence to explain or amend ambiguous document
  • 94Exclusion of evidence against application of document to existing facts
  • 95Evidence as to document unmeaning in reference to existing facts
  • 96Evidence as to application of language which can apply to one only of several persons
  • 97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
  • 98Evidence as to meaning of illegible characters, etc
  • 99Who may give evidence of agreement varying term of document
  • 100Saving of provisions of Indian Succession Act relating to wills
Previous · Section 99Who may give evidence of agreement varying term of documentNext · Section 101Burden of proof