Where there is an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall be admitted.
Illustrations:
(i) A man has an aunt, Caroline, and a cousin, Mary, and has no aunt of the name of Mary. By his Will he bequeaths 1,000 rupees to "my aunt, Caroline" and 1,000 rupees to "my cousin, Mary" and afterwards bequeaths 2,000 rupees to "my before-mentioned aunt, Mary". There is no person to whom the description given in the Will can apply, and evidence is not admissible to show who was meant by "my before-mentioned aunt, Mary". The bequest is, therefore, void for uncertainty under section 89.
(ii) A bequeaths 1,000 rupees to.........leaving a blank for the name of the legatee. Evidence is not admissible to show what name the testator intended to insert.
(iii) A bequeaths to B .............rupees, or "my estate of............." Evidence is not admissible to show what sum or what estate the testator intended to insert.
Legal Commentary & Landmark Judgments: Section 81
Section 81 enacts an absolute statutory bar against admitting extrinsic evidence to resolve patent ambiguities or fill facial blanks and deficiencies appearing on the face of a will.
Under Section 81, where there is an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intention of the testator is admissible. For example, if a will reads: 'I bequeath Rs. ___ to my brother' or 'I give my house to either A or B as they may choose', the document is patently defective. The court cannot allow witnesses to testify that the testator orally told them the blank was meant to be Rs. 50,000. To allow oral testimony in such cases would violate the fundamental requirement of Section 63 that a will must be in writing and attested by two witnesses.
Section 81 is fatal to carelessly drafted wills containing unfilled blanks or glaring self-contradictions. Litigators defending statutory heirs should immediately object under Section 81 if the propounder attempts to bring in witnesses to 'explain' a blank figure or facially conflicting clause. If the patent ambiguity cannot be resolved from the remaining text of the will, the clause fails for uncertainty under Section 89.