Section 103 BSA: Saving of provisions of Indian Succession Act relating to wills

Bharatiya Sakshya Adhiniyam, 2023

Section 103 BSA at a Glance

Section 103 BSA deals with saving of provisions of Indian Succession Act relating to wills. It replaced Section 100 IEA on 1 July 2024.

Was IEA

Section 100 →

Section 103 BSA Bare Act Text

103. Saving of provisions of Indian Succession Act relating to wills
Nothing in this Chapter shall be taken to affect any of the provisions of the Indian Succession Act, 1925 (39 of 1925) as to the construction of wills.

Source: Section 103, Bharatiya Sakshya Adhiniyam, 2023

Section 103 BSA in Simple Words

Section 103 of the Bharatiya Sakshya Adhiniyam, 2023 protects the statutory rules on the construction of wills (working out the legal meaning of a will). Applying from 1 July 2024, it states that nothing in its Chapter affects any provision in the Indian Succession Act, 1925 relating to how wills are interpreted.

Because of this saving rule, a court or party cannot use any rule in that Chapter of the Adhiniyam to override those succession provisions. Every rule on the construction of wills in the Indian Succession Act, 1925, cited as Act 39 of 1925, remains untouched by that Chapter of the Adhiniyam.

When Section 103 BSA Applies

A court or party is applying the rules on interpreting a will under the Indian Succession Act, 1925, which is Act 39 of 1925.
A question arises whether a provision in that Chapter of the Adhiniyam alters or limits those succession rules on construing wills.

Example of Section 103 BSA

In September 2024 in Lucknow, Anita and Farhan dispute the interpretation of a property bequest in a written will. Anita argues that a rule in that Chapter of the Adhiniyam blocks a will construction provision in the Indian Succession Act, 1925. Farhan responds that the succession statute remains unaffected by that Chapter. Under Section 103 BSA, nothing in that Chapter affects the rules in the Indian Succession Act, 1925 on construing wills, so the Lucknow court applies the succession statute to interpret that property bequest.

Section 103 BSA in the IEA (Previous Law)

Section 103 BSA replaces Section 100 IEA from the old criminal code.

Section 100 of the Indian Evidence Act, 1872 became Section 103 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Now cites the Indian Succession Act, 1925, in place of the Indian Succession Act, 1865.

View IEA Section 100 →Compare IEA 100 vs BSA 103 →

FAQs on Section 103 BSA

What is Section 103 BSA?▼

Section 103 of the Bharatiya Sakshya Adhiniyam, 2023 is a saving provision for the rules on interpreting wills. It states that nothing in its Chapter affects any provision in the Indian Succession Act, 1925, which is Act 39 of 1925, on the construction of wills.

Does the Chapter containing Section 103 BSA alter how wills are interpreted under the Indian Succession Act, 1925?▼

No. Section 103 BSA states that nothing in that Chapter affects any rule in the Indian Succession Act, 1925 relating to the construction of wills.

What is Section 103 BSA in IEA?▼

Section 100 IEA. Section 100 IEA became Section 103 BSA on 1 July 2024, and the section cites the Indian Succession Act, 1925 in place of the Indian Succession Act, 1865.

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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·