E. V. BALAKRISHNAN vs MAHALAKSHMI AMMAL AND ANOTHER.

The Supreme Court held that Section 89 of the Indian Succession Act, 1925, which states that a will or bequest not expressive of any definite intention is void for uncertainty, applies only to cases where a will is so indefinite that no definite intention can be ascribed. The Court affirmed that the English rule of benevolent construction, allowing legatees to select from a larger area, is applicable in India. The Court ruled that the daughters were entitled to select their respective shares of land as intended by the testator, thus upholding the High Court's decree.