When words may be understood in restricted sense, and when in sense wider than usual

Section 83 of the Indian Succession Act, 1925 deals with when words may be understood in restricted sense, and when in sense wider than usual. General words may be understood in a restricted sense where it may be collected from the Will that the testator meant to use them in a restricted sense; The Act came into force on 30 Sep 1925.

General words may be understood in a restricted sense where it may be collected from the Will that the testator meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the Will that the testator meant to use them in such wider sense.

Illustrations

(i) A testator gives to A "my farm in the occupation of B", and to C "all my marsh-lands in L". Part of the farm in the occupation of B consists of marsh-lands in L, and the testator also has other marsh-lands in L, The general words, "all my marsh-lands in L", are restricted by the gift to A. A takes the whole of the farm in the occupation of B, including that portion of the farm which consists of marshlands in L.

(ii) The testator (a sailor on ship-board) bequeathed to his mother his gold ring, buttons and chest of clothes, and to his friend, A (a shipmate) his red box, clasp-knife and all things not before bequeathed. The testator's share in a house does not pass to A under this bequest.

(iii) A, by his Will, bequeathed to B all his household furniture plate, linen, china, books, pictures and all other goods of whatever kind; and afterwards bequeathed to B a specified part of his property. Under the first bequest is B entitled only to such articles of the testators as are of the same nature with the articles therein enumerated.

Section 83, The Indian Succession Act, 1925 (Act 39 of 1925).