Sections 74-77 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter VI of Part VI (sections 74 to 111) is about the construction of wills, and sections 74 to 77 are its first four. They say that no technical words are needed (section 74), that a court inquires into every material fact to work out who or what is meant (section 75), that an error in a legatee's name or description does not defeat the legacy if the words sufficiently show who is meant (section 76), and that an omitted word may be supplied by the context (section 77). If you are drafting or reading a will, these sections are the Act's answer to careless wording.
No technical words or terms of art are needed; the wording need only be such that the testator's intentions can be known from it (section 74). To decide what person or property the words denote, the court inquires into every material fact, including the testator's circumstances and family (section 75). Where the words sufficiently show who is meant, an error in the name or description does not stop the legacy (section 76). A material word omitted may be supplied by the context (section 77).
Section 74: wording of a will
As per the text of the Act consulted, it is not necessary that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom. The test is whether the intentions can be known from the wording, not whether the words are the ones a lawyer would choose.
For drafting guidance, see our guide on short form will drafting and the four ICAI specimen formats. If you are reading a will where the wording is unclear, an agreement drafting review can help you see what the clauses are trying to say.
Section 75: inquiries to determine the object or subject of the will
For the purpose of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under the will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used.
The Act's illustrations to section 75
- (i) A, by his will, bequeaths 1,000 rupees to his eldest son or to his youngest grandchild or to his cousin Mary. A Court may make inquiry to ascertain to what person the description in the will applies.
- (ii) A, by his will, leaves to B "my estate called Black Acre". It may be necessary to take evidence to ascertain what is the subject-matter of the bequest, that is, what estate of the testator's is called Black Acre.
- (iii) A, by his will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence to ascertain what estate the testator purchased of C.
Section 76: misnomer or misdescription of the object
Sub-section (1). Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect.
Sub-section (2). A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name.
The Act's illustrations to section 76
- (i) A bequeaths a legacy to "Thomas, the second son of my brother John". The testator has an only brother, John, who has no son named Thomas but has a second son named William. William will have the legacy. (The copy prints a stray full stop after the name "William" before "will have"; this is a printing slip.)
- (ii) The same words, but John's first son is named Thomas and his second son William. Thomas will have the legacy.
- (iii) The testator bequeaths his property to A and B, "the legitimate children of C". C has no legitimate child but has two illegitimate children, A and B. The bequest to A and B takes effect, although they are illegitimate.
- (iv) The testator gives his residuary estate "to be divided among my seven children" and, enumerating them, mentions six names only. The omission will not prevent the seventh child from taking a share with the others.
- (v) The testator, having six grandchildren, makes a bequest to "my six grandchildren" and, mentioning them by their Christian names, mentions one twice over, omitting another altogether. The one whose name is not mentioned will take a share with the others.
- (vi) The testator bequeaths 1,000 rupees to each of "the three children of A". At the date of the will A has four children. Each of the four, if he survives the testator, will receive a legacy of 1,000 rupees.
These are the Act's illustrations, with old figures kept as printed.
Section 77: when words may be supplied
Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context.
The Act's illustration. The testator gives a legacy of "five hundred" to his daughter A and a legacy of five hundred rupees to his daughter B. A will take a legacy of five hundred rupees. The first sum is printed without the word "rupees"; the second sum supplies it.
All four sections at a glance
| Section | Rule | Key illustration |
|---|---|---|
| 74 | No technical words needed; intentions must be knowable from the wording | None |
| 75 | Court inquires into every material fact to decide the person or property meant | Black Acre; "the estate which I purchased of C" |
| 76 | Error in name or description does not defeat the legacy if the words sufficiently show who is meant; name and description correct each other | Thomas/William; the seventh child |
| 77 | A material word omitted may be supplied by the context | "five hundred" supplied as rupees |
Schedule III
Sections 74, 75, 76 and 77 are all in the Schedule III list of sections that apply to the wills of Hindus, Buddhists, Sikhs and Jainas described in section 57, subject to the restrictions in that Schedule. Restriction 5 deals with the words "son", "child" and "grandchildren" in sections 75 and 76; see our article on sections 57 and 58.
A fresh example
Rehana Siddiqui, an invented person, writes in her will, "I leave my gold bangles to my niece Salma." Rehana has two nieces, Saira and Salima, and no niece named Salma. Section 75 allows an inquiry into the material facts, including her family and circumstances, and section 76(2) allows a mistake in the name to be corrected by the description. If the inquiry shows that only one niece is meant, the legacy takes effect for that niece. The example is invented and applies only the printed words.
Where the text is silent
- Section 75 says a Court "shall inquire"; it does not list kinds of evidence.
- Section 76 does not say what happens where the words do not sufficiently show who is meant; sections 80, 81 and 89 deal with ambiguity.
- No form, fee or procedure is printed.
Later amendments
The copy consulted is an unofficial print showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002). Later amendments should be checked.
Need help with a will whose wording is unclear?
Short, informal wording is common in family wills, and these sections are generous to it. If you want a will reviewed for names, descriptions and omitted words, see our agreement drafting page.
Key takeaways
- No technical words are needed in a will (section 74).
- The court inquires into every material fact to decide what person or property is meant (section 75).
- An error in name or description does not stop the legacy if the words sufficiently show what is meant (section 76).
- A name can correct a description, and a description a name.
- A word material to the meaning may be supplied by the context (section 77).
Read next
- Sections 78-79: erroneous particulars in the description of property bequeathed
- Sections 80-81: extrinsic evidence, latent and patent ambiguity in a will
- Sections 71-73: alterations in a will, revocation of a privileged will and revival
- Ambiguous clauses in a will: patent, latent and inconsistent provisions
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.