Indian Succession Act, 1925
Indian Succession Act, 1925
VI — —Of the construction of Wills · Section 88

The last of two inconsistent clauses prevails

Synced on 09 Sept 2026Text as per India Code

Where two clauses of gifts in a will are irreconcile-able, 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.

Judgments on Section 88