Meaning or clause to be collected from entire Will
Section 82 of the Indian Succession Act, 1925 deals with meaning or clause to be collected from entire Will. The meaning of any clause in a Will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other. The Act came into force on 30 Sep 1925.
The meaning of any clause in a Will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other.
Illustrations
(i) The testator gives to B a specific fund or property at the death of A, and by a subsequent clause gives the whole of his property to A. The effect of the several clauses taken together is to vest the specific fund or property in A for life, and after his decease in B; it appearing from the bequest to B that the testator meant to use in a restricted sense the words in which he describes what he gives to A.
(ii) Where a testator having an estate, one part of which is called Black Acre, bequeaths the whole of his estate to A, and in another part of his Will bequeaths Black Acre to B, the latter bequest is to be read as an exception out of the first as if he had said "I give Black Acre to B, and all the rest of my estate to A".
Section 82, 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.
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Narendra Gopal Vidyarthi vs Rajat Vidyarthi
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: Requires that the meaning of any clause in a will be collected from the entire instrument, with all parts construed with reference to each other. Applied to read the will holistically rather than focusing on isolated expressions.
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Bajrang Factory LTD vs University of Calcutta
Court's Decision & Legal Precedent
Where a will contains apparently conflicting clauses that can be reconciled by giving full effect to every word used by the testator, such construction should be accepted instead of one cutting down the clear meaning of words. In construing a will, the court must ascertain the testator's dominant intention from the entire instrument read as a whole, including any codicils. A bequest to an unborn person is void under Section 113 only if it constitutes an actual bequest; a mere expression of desire or enabling clause does not constitute such a bequest. When a codicil confirms and amends a will, it brings the will down to the date of the codicil, and the testator's intention as expressed in both documents must be given effect. Upon the failure of a prior bequest due to non-occurrence of contingencies, a subsequent bequest takes effect under Section 129 of the Indian Succession Act, provided the prior bequest is valid.
On this section: Meaning of clauses in a will to be collected from entire instrument with all parts construed with reference to each other
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 82
What have the courts held on Section 82 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: Requires that the meaning of any clause in a will be collected from the entire instrument, with all parts construed with reference to each other. Applied to read the will holistically rather than focusing on isolated expressions. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2007 to 2008.
How do I find court cases under Section 82 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 82, section 82 Succession Act, section 82 of the Indian Succession Act. People searching for it also type section 82 of indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Narendra Gopal Vidyarthi vs Rajat Vidyarthi (02 Dec 2008).
When did Section 82 of the Indian Succession Act come into force?
Section 82 of the Indian Succession Act, cited as Succession Act 82, 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
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
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 14 Oct 2026. This page is not a substitute for legal advice.