Section 88 of the Indian Succession Act, 1925 – The last of two inconsistent clauses prevails

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Section 88: The last of two inconsistent clauses prevails

Where two clauses of gifts in a will are irreconcilable, so that they cannot possibly stand together, the last shall prevail. Illustrations (i) The testator by the first clause of his will leaves his estate of Ramnagar “to A,” and by the last clause of his will leaves it “to B and not to A”. B will have it. (ii) If a man, at the commencement of his will gives his house to A, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of B, the latter disposition will prevail.

Source: official text of The Indian Succession Act, 1925 as published on India Code (PDF). All sections of the Indian Succession Act, 1925.