Testator’s intention to be effectuated as far as possible

Q: When did Section 87 of the Indian Succession Act come into force?

Section 87 of the Indian Succession Act, cited as Succession Act 87, 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 16 Oct 2026

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

Section 87 of the Indian Succession Act, 1925 deals with testator’s intention to be effectuated as far as possible. The intention of the testator shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible. The Act came into force on 30 Sep 1925.

The intention of the testator shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible.
Illustration
The testator by a will made on his death-bed bequeathed all his property to C.D. for life and after his decease to a certain hospital. The intention of the testator cannot take effect to its full extent because the gift to the hospital is void under section 118, but it will take effect so far as regards the gift to C.D.
Section 87, 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. 118 Bequest to religious or charitable uses

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.

Anil Kak vs Kumari Sharada Raje

Supreme Court of India 24 Apr 2008 Binding (SC) Reportable

Court's Decision & Legal Precedent

Where a Will refers to appendices containing essential details of testator's disposition and those appendices were not in existence at time of Will execution, were not signed by attesting witnesses, and were brought into existence at a later date, the appendices cannot be incorporated into the Will by reference under Section 64 of the Indian Succession Act. Such a Will is incomplete as it cannot be read or executed without the appendices, and therefore cannot be granted probate. This holds true even if formal compliance with signature requirements exists, when suspicious circumstances surround the execution suggesting executor's involvement in preparation and possession of the document, non-examination of one attesting witness, and conflict of interest. Mere compliance with statutory formalities under Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act is insufficient where the court must satisfy its conscience regarding genuine execution of a testamentary document affecting property rights.

On this section: Testator's intention to be effectuated as far as possible - Court held this does not apply where Will is incomplete and integral parts are missing, distinguishing between incomplete Will and complete Will where intention cannot be fully effectuated

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 87

What have the courts held on Section 87 of the Indian Succession Act?

Anil Kak vs Kumari Sharada Raje (24 Apr 2008) is the leading judgment on this section among those set out below: Testator's intention to be effectuated as far as possible - Court held this does not apply where Will is incomplete and integral parts are missing, distinguishing between incomplete Will and complete Will where intention cannot be fully effectuated.

How do I find court cases under Section 87 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 87, section 87 Succession Act, section 87 of the Indian Succession Act. People searching for it also type section 87 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 Anil Kak vs Kumari Sharada Raje (24 Apr 2008).

What should I read with Section 87 of the Indian Succession Act, and has it changed?

Its own text turns on section 118 (Bequest to religious or charitable uses), so none of them can safely be read on its own.

When did Section 87 of the Indian Succession Act come into force?

Section 87 of the Indian Succession Act, cited as Succession Act 87, 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 16 Oct 2026. This page is not a substitute for legal advice.