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Section 84: Which of two possible constructions preferred

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 83 All 391 Sections of Indian Succession Act Section 85

Legal Commentary & Landmark Judgments: Section 84

Section 84 enacts the presumption against intestacy, providing that where a clause is susceptible of two constructions, the construction which gives effect to the bequest is preferred over one which voids it.

  • Core Legal Standard: Section 84 embodies the ancient common law maxim ut res magis valeat quam pereat (that the thing may rather have effect than perish).
  • Operational Mechanism: When a clause in a will is capable of two plausible legal interpretations—one of which gives effect to the disposition and preserves the bequest, while the other renders the bequest void, illegal, or results in intestacy—the court must adopt the former construction.

The legislative policy recognizes that a person executes a will precisely to avoid intestacy and direct the posthumous destination of their assets. Therefore, the law leans heavily against intestacy. If one construction violates the rule against perpetuities (Section 114) while an alternative plausible reading avoids the violation, Section 84 commands the court to adopt the saving construction.

Key Landmark Precedents:
  • Bajrang Bahadur Singh v. Bakhtraj Kuer, AIR 1953 SC 7: The Supreme Court held that under Section 84, the court must adopt a benign construction that gives effect to the bequest and avoids intestacy wherever the language reasonably permits two interpretations.
  • Navneet Lal v. Gokul, (1976) 1 SCC 630: The Supreme Court affirmed that the law presumes against intestacy; if a will is open to two readings, the construction that sustains the bequest under Section 84 must prevail.
Legal Commentary:

Section 84 is the propounder's most powerful interpretive ally. Whenever a caveator argues that a clause is void for vagueness, illegal condition, or perpetuity violation, counsel for the legatee must present an alternative, legally compliant construction and invoke Section 84. The Supreme Court has repeatedly affirmed that courts must lean towards validity rather than destruction.

Section 83 All 391 Sections of Indian Succession Act Section 85