The last of two inconsistent clauses prevails

Q: When did Section 88 of the Indian Succession Act come into force?

Section 88 of the Indian Succession Act, cited as Succession Act 88, 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 88 of the Indian Succession Act, 1925 deals with the last of two inconsistent clauses prevails. Where two clauses of gifts in a will are irreconcileable, so that they cannot possibly stand together, the last shall prevail. The Act came into force on 30 Sep 1925.

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.
Section 88, 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.

Bajrang Factory LTD vs University of Calcutta

Supreme Court of India 18 May 2007 Binding (SC)

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: Rule of construction where two clauses of gifts are irreconcilable, the last shall prevail; but court should attempt reconciliation if possible

Read the full order on eCourts India

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Questions about Section 88

What have the courts held on Section 88 of the Indian Succession Act?

Bajrang Factory LTD vs University of Calcutta (18 May 2007) is the leading judgment on this section among those set out below: Rule of construction where two clauses of gifts are irreconcilable, the last shall prevail; but court should attempt reconciliation if possible.

How do I find court cases under Section 88 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 88, section 88 Succession Act, section 88 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 88. 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 Bajrang Factory LTD vs University of Calcutta (18 May 2007).

When did Section 88 of the Indian Succession Act come into force?

Section 88 of the Indian Succession Act, cited as Succession Act 88, 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.