Section 100 IEA: Saving of provisions of Indian Succession Act relating to wills

Indian Evidence Act, 1872

Section 100 IEA at a Glance

Section 100 IEA deals with saving of provisions of Indian Succession Act relating to wills. From 1 July 2024 it is replaced by Section 103 BSA.

Now BSA

Section 103 →

Section 100 IEA Bare Act Text

100. Saving of provisions of Indian Succession Act relating to wills
Nothing in this Chapter contained shall be taken to affect any of the provisions of the Indian Succession Act, 1865 (10 of 1865) as to the construction of wills.

Source: Section 100, Indian Evidence Act, 1872

Section 100 IEA in Simple Words

Section 100 of the Indian Evidence Act, 1872 protects the statutory rules on the construction of wills (working out the legal meaning of a will). It states that nothing contained in its Chapter affects any provision in the Indian Succession Act, 1865 relating to how wills are interpreted.

Because of this saving rule, a court or party cannot use any provision in that Chapter of the Act to override those succession rules. Every provision on the construction of wills in the Indian Succession Act, 1865, cited as Act 10 of 1865, remains untouched by that Chapter of the Act.

When Section 100 IEA Applies

A court or party is dealing with how a will is interpreted under the Indian Succession Act, 1865, which is Act 10 of 1865.
A question arises whether a rule in that Chapter of the Act alters or overrides those succession rules on interpreting wills.

Example of Section 100 IEA

In 2021 in Chennai, Ramesh and Priya dispute the meaning of a clause in a family will. Ramesh argues that a rule in that Chapter of the Act blocks a will interpretation provision in the Indian Succession Act, 1865. Priya contends that the succession statute still governs how the will is construed. Under Section 100 IEA, nothing in that Chapter affects the rules in the Indian Succession Act, 1865 on construing wills, so the Chennai court applies those provisions to the family will.

Section 100 IEA in the BSA

Section 100 IEA is now covered under Section 103 BSA.

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 detailed comparison (IEA 100 vs BSA 103) →

FAQs on Section 100 IEA

What is Section 100 IEA?▼

Section 100 of the Indian Evidence Act, 1872 is a saving rule for the interpretation of wills. It states that nothing contained in its Chapter affects any provision in the Indian Succession Act, 1865, which is Act 10 of 1865, relating to the construction of wills.

Does the Chapter containing Section 100 IEA override the rules on interpreting wills in the Indian Succession Act, 1865?▼

No. Section 100 IEA expressly states that nothing contained in that Chapter affects any rule in the Indian Succession Act, 1865 on the construction of wills.

What is Section 100 IEA in BSA?▼

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

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Sources: Bare Act Text, Indian Evidence Act, 1872 ·