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, and 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.
Illustrations:
(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 in the occupation of X. The bequest will be considered as 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 marshlands lying in L some of which were in the occupation of X and some not in the occupation of X. 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 such of the testator's marsh-lands lying in L as were in the occupation of X shall alone pass by the bequest.
Legal Commentary & Landmark Judgments: Section 79
Section 79 establishes the limitation on Section 78, enacting that where a description fits a specific subject in its entirety, no part of the description may be rejected as erroneous merely to encompass other property.
The principle is that the court cannot tamper with a description that is clear and accurate in all its parts. If a testator bequeaths 'my agricultural land situated in Village Rampur', and owns land in Rampur as well as in adjoining Village Shyampur, the legatee cannot argue that 'Rampur' was an error and claim the Shyampur land. Because property fully answering the description exists, the legacy is strictly confined to the Rampur land.
Section 79 protects the residuary estate and statutory heirs from aggressive legatees seeking to expand their bequests. When a beneficiary attempts to claim adjacent lands or additional bank funds by arguing that the testator 'mistakenly' limited the description, Section 79 provides a complete defense if the testator owned property precisely matching the words used.