Extrinsic evidence inadmissible in case of patent ambiguity or deficiency

Q: When did Section 81 of the Indian Succession Act come into force?

Section 81 of the Indian Succession Act, cited as Succession Act 81, 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 81 of the Indian Succession Act, 1925 deals with extrinsic evidence inadmissible in case of patent ambiguity or deficiency. Where there is an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall be admitted. The Act came into force on 30 Sep 1925.

Where there is an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall be admitted.
Illustrations
(i) A man has an aunt, Caroline, and a cousin, Mary, and has no aunt of the name of Mary. By his Will he bequeaths 1,000 rupees to "my aunt, Caroline" and 1,000 rupees to "my cousin, Mary" and afterwards bequeaths 2,000 rupees to "my before-mentioned aunt, Mary". There is no person to whom the description given in the Will can apply, and evidence is not admissible to show who was meant by "my before-mentioned aunt, Mary". The bequest is, therefore, void for uncertainty under section 89.
(ii) A bequeaths 1,000 rupees to............leaving a blank for the name of the legatee. Evidence is not admissible to show what name the testator intended to insert.
(iii) A bequeaths to B .......................rupees, or "my estate of........................" Evidence is not admissible to show what sum or what estate the testator intended to insert.
Section 81, The Indian Succession Act, 1925 (Act 39 of 1925).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

s. 89 Will or bequest void for uncertainty

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.

Gurswaroop Joshi vs Beena Sharma

Supreme Court of India 25 Apr 2006 Binding (SC)

Court's Decision & Legal Precedent

Interim mandatory orders cannot be passed to enforce provisions of a Will whose validity is still under appellate challenge. The appellate court must first determine the validity or otherwise of the Will before directing implementation of its terms. Mandatory injunctions that would render the substantive appeal infructuous and force parties to comply with disputed Will provisions, while the Will's validity remains undetermined, suffer from manifest error and must be set aside.

On this section: Cited to establish that where there is ambiguity or deficiency on the face of a Will, no extrinsic evidence as to the intentions of the testator shall be admitted. This provision was applied to support the principle that vague Will terms cannot be clarified through external evidence.

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 81

What have the courts held on Section 81 of the Indian Succession Act?

Gurswaroop Joshi vs Beena Sharma (25 Apr 2006) is the leading judgment on this section among those set out below: Cited to establish that where there is ambiguity or deficiency on the face of a Will, no extrinsic evidence as to the intentions of the testator shall be admitted. This provision was applied to support the principle that vague Will terms cannot be clarified through external evidence.

How do I find court cases under Section 81 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 81, section 81 Succession Act, section 81 of the Indian Succession Act. People searching for it also type section 81 of 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 Gurswaroop Joshi vs Beena Sharma (25 Apr 2006).

What should I read with Section 81 of the Indian Succession Act, and has it changed?

Its own text turns on section 89 (Will or bequest void for uncertainty), so none of them can safely be read on its own.

When did Section 81 of the Indian Succession Act come into force?

Section 81 of the Indian Succession Act, cited as Succession Act 81, 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.