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Report No. 110

II. Ascertaining the Intention

16.6. Section 74.-

Section 74 makes it clear that it is not necessary that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom.1

No change is necessary in the section.

2. In quoting or summarising the gist of some of the sections, illustrations have been omitted for brevity.

16.7. Section 75-Inquiries by court.-

Section 75 provides that for the purpose of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used.

The section needs no change.

The Indian Succession Act, 1925 Back

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