Section 81:
Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.
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.