In the light of judicial pronouncements, discuss the following: In case of repugnancy in a will, last words shall prevail.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2015
In the light of judicial pronouncements, discuss the following: In case of repugnancy in a will, last words shall prevail.
Answer & Explanation:
Later part or last words to prevail in case parts are irreconcilable or there is repugnancy.- If the several parts of the Will are absolutely irreconcilable, the part that is later has to prevail. [Section 88, Indian Succession Act, 1925; Somasundera Mudaliar v. Ganga Bissen Soni, 28 Mad 386]. In case of repugnancy, the last word in the Will shall prevail. [CIT v. Indian Sugar Mills Association, (1974) 97 ITR 486 SC)].
Topics: Wills and Interpretation
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