Sections 78-79 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.
A will often describes property with several details: where it is, who occupies it, how large it is. What if one detail is wrong? Sections 78 and 79 give two linked answers. If the property can still be identified, the wrong part of the description is rejected and the bequest takes effect (section 78). But if there is property to which all the details fit, the bequest is limited to that property and no detail may be rejected (section 79).
If the thing the testator meant to bequeath can be sufficiently identified from the will's description, but some parts of the description do not apply, those parts are rejected as erroneous and the bequest takes effect (section 78). If the will mentions several circumstances and some property of his fits all of them, the bequest is limited to that property and no part of the description may be rejected because the testator had other property to which that part does not apply (section 79).
Section 78: rejection of erroneous particulars
As per the text of the Act consulted, if the thing which the testator intended to bequeath can be sufficiently identified from the description of it given in the will, but some parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the bequest shall take effect.
The test has two steps. First, can the thing be sufficiently identified from the description? Second, if yes, any part of the description that does not apply is rejected. The bequest then takes effect on what remains.
The Act's illustrations to section 78
- (i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X". The testator had marsh lands lying in L but had none in the occupation of X. The words "in the occupation of X" shall be rejected as erroneous, and the testator's marsh-lands lying in L will pass by the bequest.
- (ii) The testator bequeaths to A "my zamindari of Rampur". He had an estate at Rampur, but it was a taluq and not a zamindari. The taluq passes by the bequest.
If you are drafting a will and want the description of each property to be exact, an agreement drafting review can help you set out the details so that they all match.
For the rule on correcting a wrong name or description of a legatee, see our article on sections 74 to 77.
Section 79: when part of a description may not be rejected
If a will mentions several circumstances as descriptive of the thing which the testator intends to bequeath, and there is any property of his in respect of which all those circumstances exist, the bequest shall be considered as limited to such property. It shall not be lawful to reject any part of the description as erroneous, because the testator had other property to which such part of the description does not apply.
Explanation. In judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 78 shall be deemed to have been struck out of the will. The copy prints a full stop where a dash would be.
So section 79 is a limit on section 78. Where some property fits every detail, the details are not thrown away to widen the gift.
The Act's illustrations to section 79
- (i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X". The testator had marsh-lands lying in L, some of which were in the occupation of X and some not. The bequest is limited to such of the testator's marsh-lands in L as were in the occupation of X.
- (ii) A bequeaths to B "my marsh-lands lying in L and in the occupation of X, comprising 1,000 bighas of lands". The testator had marsh-lands in L, some in the occupation of X and some not. The measurement is wholly inapplicable to the marsh-lands of either class, or to the whole taken together. The measurement will be considered as struck out of the will, and only the marsh-lands in L in the occupation of X pass by the bequest.
Illustration (ii) shows the Explanation at work: the measurement would be rejected under section 78, so it is struck out first, and then section 79 is applied to the remaining details.
Contrast with the same words in section 78
The first illustration to section 78 and the first illustration to section 79 use the same words about the marsh-lands. The facts differ:
| Facts | Result | Section |
|---|---|---|
| Marsh-lands in L, none in the occupation of X | "In the occupation of X" is rejected; all marsh-lands in L pass | 78(i) |
| Marsh-lands in L, some in the occupation of X and some not | The bequest is limited to those in the occupation of X | 79(i) |
| Taluq at Rampur called zamindari in the will | The taluq passes | 78(ii) |
| Measurement of 1,000 bighas fits none | Measurement struck out; the marsh-lands in L in the occupation of X pass | 79(ii) |
A fresh example
Imran Qadri, an invented person, leaves "my shop in Gandhi Road, with a blue signboard, to my son". He owns a shop in Gandhi Road, but the signboard is red, and he has no shop with a blue signboard. The shop in Gandhi Road is sufficiently identified; under section 78 the words "with a blue signboard" are rejected as erroneous and the bequest takes effect on that shop. Now suppose Imran owned two shops in Gandhi Road, one with a blue signboard and one with a red signboard. Under section 79 the bequest is limited to the shop with the blue signboard, because there is property of his in respect of which all the described circumstances exist, and the signboard detail may not be rejected just because he has another shop that does not fit it. The names and facts are invented; the method follows the Act's own illustrations.
Where the text is silent
- Sections 78 and 79 do not say how "sufficiently identified" is to be shown; section 75 allows inquiry into material facts and applies to the question of what property is denoted.
- They do not deal with a description that fits two items equally; sections 80 and 81 address ambiguity.
- No form, fee or procedure is printed.
Schedule III
Sections 78 and 79 are both in the Schedule III list of sections applied to the wills of Hindus, Buddhists, Sikhs and Jainas described in section 57, subject to the restrictions in that Schedule; see our article on sections 57 and 58.
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 property descriptions in a will?
A will that describes property loosely invites argument after a death. For help setting out the description of each asset clearly, see our agreement drafting page.
Key takeaways
- Section 78: if the thing can be sufficiently identified, parts of the description that do not apply are rejected and the bequest takes effect.
- Section 79: if some property fits all the circumstances mentioned, the bequest is limited to it, and no detail is rejected because other property does not fit.
- Under the Explanation to section 79, words liable to rejection under section 78 are treated as struck out first.
- Both sections are in the Schedule III list.
Read next
- Sections 74-77: wording of a will, misnomer, misdescription and supplying words
- Sections 80-81: extrinsic evidence, latent and patent ambiguity in a will
- Sections 82-86: reading the will as a whole and choosing between two constructions
- Draft formats of a will: four ICAI specimens
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.