Wording of wills

Q: When did Section 74 of the Indian Succession Act come into force?

Section 74 of the Indian Succession Act, cited as Succession Act 74, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

In force From 30 Sep 1925 Act 39 of 1925 As on 18 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925

Section 74 of the Indian Succession Act, 1925 deals with wording of wills. 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. The Act came into force on 30 Sep 1925.

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.
Section 74, The Indian Succession Act, 1925 (Act 39 of 1925).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

Narendra Gopal Vidyarthi vs Rajat Vidyarthi

Supreme Court of India 02 Dec 2008 Binding (SC) Reportable

Court's Decision & Legal Precedent

When a testator sets apart a specific sum of money in a will for the benefit of identified beneficiaries and directs that an immoveable property be purchased from that sum, the property so purchased vests absolutely in the beneficiaries to the extent of the amount contributed by the testator, notwithstanding that the property may be purchased in the testator's name or that the testator uses non-technical language such as 'wakf' or creates a trustee structure. The testator's true intention must be ascertained from the will read as a whole in the context of surrounding circumstances, including the testator's family situation, the position of the beneficiaries, and post-testamentary conduct of family members. The use of precautionary measures such as trustees and limited disbursement provisions does not negate absolute ownership but merely reflects the testator's concern for prudent management of the funds.

On this section: Establishes that technical words or terms of art are not necessary in a will; only that the wording be such that the testator's intentions can be known therefrom. Applied to interpret the will despite use of non-technical language and the word 'wakf'.

Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 74

What have the courts held on Section 74 of the Indian Succession Act?

Narendra Gopal Vidyarthi vs Rajat Vidyarthi (02 Dec 2008) is the leading judgment on this section among those set out below: Establishes that technical words or terms of art are not necessary in a will; only that the wording be such that the testator's intentions can be known therefrom. Applied to interpret the will despite use of non-technical language and the word 'wakf'.

How do I find court cases under Section 74 of the Indian Succession Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 74, section 74 Succession Act, section 74 of the Indian Succession Act. People searching for it also type section 74 indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Narendra Gopal Vidyarthi vs Rajat Vidyarthi (02 Dec 2008).

When did Section 74 of the Indian Succession Act come into force?

Section 74 of the Indian Succession Act, cited as Succession Act 74, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.