The testator bequeaths to A "my zamindari of Rampur". He had an estate at Rampur, but it was a taluq…
Under section 78 a wrong particular in the description of the subject is rejected where the thing meant can still be identified. Illustration (ii) to section 78 states that…
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The testator bequeaths to A "my zamindari of Rampur". He had an estate at Rampur, but it was a taluq and not a zamindari. What is the effect of the bequest?
Answer and explanation
Correct answer C
Under section 78 a wrong particular in the description of the subject is rejected where the thing meant can still be identified. Illustration (ii) to section 78 states that "the taluq passes by this bequest". The word "zamindari" misdescribes the estate, but "Rampur" identifies it, so the gift takes effect without any consent of the heirs.