Section 87
Testator’s intention to be effectuated as far as possible.
The Indian Succession Act, 1925
About this Act
An Act to consolidate the law applicable to intestate and testamentary succession.
The intention of the testator
shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as
far as possible.
Illustration
The testator by a will made on his death-bed bequeathed all his property to C.D. for life and after his decease to a certain hospital. The intention of the testator cannot take effect to its full extent because the gift to the hospital is void under section 118, but it will take effect so far as regards the gift to C.D.
Illustration
The testator by a will made on his death-bed bequeathed all his property to C.D. for life and after his decease to a certain hospital. The intention of the testator cannot take effect to its full extent because the gift to the hospital is void under section 118, but it will take effect so far as regards the gift to C.D.