Consider these bequests under section 89 of the Indian Succession Act, 1925: Statement 1: "I bequeath…
Section 89 declares void a will or bequest "not expressive of any definite intention". The Illustration to section 89 lists "goods" given without more, goods mentioned in a…
Choose your answer
Consider these bequests under section 89 of the Indian Succession Act, 1925:
Statement 1: "I bequeath goods to A" is void for uncertainty.
Statement 2: "I leave to A all the goods mentioned in the Schedule" is void where no Schedule is found.
Statement 3: "I bequeath oil to A", without saying how much, is valid and A takes a reasonable quantity.
Which of the statements are correct?
Answer and explanation
Correct answer C
Section 89 declares void a will or bequest "not expressive of any definite intention". The Illustration to section 89 lists "goods" given without more, goods mentioned in a missing Schedule, and money, wheat, oil or the like "without saying how much" as examples, and says "this is void". The court does not supply a reasonable quantity, so Statement 3 is wrong.