Will or bequest void for uncertainty

Q: When did Section 89 of the Indian Succession Act come into force?

Section 89 of the Indian Succession Act, cited as Succession Act 89, 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 17 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925 Cited by 1 provision

Section 89 of the Indian Succession Act, 1925 deals with will or bequest void for uncertainty. A will or bequest not expressive of any definite intention is void for uncertainty. The Act came into force on 30 Sep 1925.

A will or bequest not expressive of any definite intention is void for uncertainty.
Illustration
If a testator says "I bequeath goods to A," or "I bequeath to A," or "I leave to A all the goods mentioned in the Schedule" and no Schedule is found, or "I bequeath 'money,' 'wheat,' 'oil,' " or the like, without saying how much, this is void.
Section 89, 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.

Referred to by 1

s. 81 Extrinsic evidence inadmissible in case of patent ambiguity or deficiency

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.

Gurswaroop Joshi vs Beena Sharma

Supreme Court of India 25 Apr 2006 Binding (SC)

Court's Decision & Legal Precedent

Interim mandatory orders cannot be passed to enforce provisions of a Will whose validity is still under appellate challenge. The appellate court must first determine the validity or otherwise of the Will before directing implementation of its terms. Mandatory injunctions that would render the substantive appeal infructuous and force parties to comply with disputed Will provisions, while the Will's validity remains undetermined, suffer from manifest error and must be set aside.

On this section: Cited to establish that a Will or bequest not expressive of any definite intention is void for uncertainty. This provision was applied to argue that if the Will's contents are found to be vague, the grant of probate may ultimately be declined.

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 89

What have the courts held on Section 89 of the Indian Succession Act?

Gurswaroop Joshi vs Beena Sharma (25 Apr 2006) is the leading judgment on this section among those set out below: Cited to establish that a Will or bequest not expressive of any definite intention is void for uncertainty. This provision was applied to argue that if the Will's contents are found to be vague, the grant of probate may ultimately be declined.

How do I find court cases under Section 89 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 89, section 89 Succession Act, section 89 of the Indian Succession Act. People searching for it also type sec 89 indian succession act 1925. 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 Gurswaroop Joshi vs Beena Sharma (25 Apr 2006).

What should I read with Section 89 of the Indian Succession Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 89 of the Indian Succession Act come into force?

Section 89 of the Indian Succession Act, cited as Succession Act 89, 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 17 Oct 2026. This page is not a substitute for legal advice.