Section 100 Evidence Act: Saving of Succession Act Rules on Wills

Section 100 of the Indian Evidence Act, 1872 protected the special legal rules for interpreting wills. The corresponding provision in the Bharatiya Sakshya Adhiniyam, 2023 is Section 103, which expressly preserves the Indian Succession Act, 1925 rules on the construction of wills.

Section 103, Bharatiya Sakshya Adhiniyam, 2023 - statutory provision

Source: official text of the Bharatiya Sakshya Adhiniyam, 2023, Chapter VI, Section 103.

What does Section 103 mean?

Section 103 is a saving clause. It ensures that the general rules on oral and documentary evidence in Chapter VI of the BSA do not override the specific provisions of the Indian Succession Act, 1925 dealing with the construction of wills. Construction means determining the meaning and legal effect of the language used by a testator in a will.

The rule is limited to interpreting wills. It does not exempt a will from the legal requirements for execution, attestation, proof or validity. Those issues are governed by the applicable succession law and evidence rules.

Earlier Section 100 of the Indian Evidence Act, 1872

The original provision referred to the Indian Succession Act, 1865. That legislation was superseded by the Indian Succession Act, 1925 (Act 39 of 1925). The old article's historical editorial note pointed readers to Part VI, Chapter VI of the 1925 Act. The BSA now names the 1925 Act directly.

Relevant provisions of the Indian Succession Act, 1925

Part VI, Chapter VI of the Indian Succession Act, 1925 contains rules concerning the construction of wills. Their application depends on the relevant provisions of the Act and the circumstances of the testamentary disposition.

• Section 74: Wording of a will need not follow any particular technical form if the testator's intention can be ascertained.
• Section 82: The meaning of a clause is gathered from the entire will.
• Section 84: Where a clause admits two meanings, the interpretation that gives effect to it is preferred over one that makes it ineffective.
• Section 87: The testator's intention is to be given effect as far as possible.

These are interpretive rules, not a substitute for proving that a valid will was made.

Difference between construction and proof of a will

Construction of a will

Construction asks what a will means: for example, which property or beneficiary a particular clause describes, or how apparently inconsistent clauses should be read together. Section 103 preserves the applicable statutory principles for resolving these questions.

Proof and execution of a will

Proof asks whether the will was validly executed and whether its execution has been established through admissible evidence. Relevant provisions include Section 63 of the Indian Succession Act, 1925, on execution of unprivileged wills, and Section 67 of the BSA, 2023, on proof of execution of a document required by law to be attested. The particular requirements depend on the kind of will and applicable law.

Practical examples

Example 1: Uncertain beneficiary

A will leaves a property to "my eldest grandson". If the identity of the intended beneficiary is disputed, the court interprets the clause under the applicable rules for construction of wills in the Indian Succession Act, 1925. Section 103 ensures those rules are not displaced by Chapter VI of the BSA.

Example 2: Clauses that appear inconsistent

One clause of a will grants a property to a named beneficiary, while another appears to impose a conflicting direction. The court reads the will as a whole and applies the statutory principles governing interpretation of wills.

Example 3: A disputed signature

If the question is whether a will was signed and attested as required by law, Section 103 does not itself establish authenticity. Execution and proof must be considered separately under the applicable statutory provisions.

Key legal terms

Will: A legal declaration of the intention of a testator concerning property, intended to take effect after death, as defined in Section 2(h) of the Indian Succession Act, 1925.

Testator: A person who makes a will. Construction: Judicial interpretation of the words and effect of a will. Saving clause: A legal provision preserving the operation of another law or rule.

Official legislation and further reading

• Bharatiya Sakshya Adhiniyam, 2023 - official India Code PDF (Section 103)
• India Code - search the Indian Succession Act, 1925 (Act 39 of 1925)
• Indian Evidence Act, 1872 - related provisions
• Section 99 Evidence Act - third parties and oral agreements

This article explains the statutory framework and is intended for general legal information. Transitional application and the validity of a particular will depend on the facts and applicable law.