# The Indian Succession Act, 1925, Section 88: The last of two inconsistent clauses prevails

- Act: The Indian Succession Act, 1925 (Act 39 of 1925)
- In force from: 1925-09-30
- Ministry: Ministry of Law and Justice
- Source URL: https://indiacode.ecourtsindia.com/succession-act/section/88/

## Text

Where two clauses of gifts in a will are irreconcileable, so that they cannot possibly stand together, the last shall prevail. Illustrations (i) The testator by the first clause of his will leaves his estate of Ramnagar "to A," and by the last clause of his will leaves it "to B and not to A". B will have it. (ii) If a man, at the commencement of his will gives his house to A, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of B, the latter disposition will prevail.

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