AMINO TESTANDI

Literal Translation

“With an intention of making a will.”

This is an essential to make a valid will as for whatever will one seeks to enforce, if there exists no Animus Testandi, there can be no will.

A mentally retarded person can make no will because he has no intention.

1. Mt. Chunna Kunwar And Ors. V. Mt. Rasili Kunwar And Ors(1948)

2. Kishore Gidwaney v. The State(1985)

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“A delegated authority cannot again be delegated.”

A person to whom some power is delegated cannot sub-delegate that power to someone else.

“Abundant caution does no harm.”

This principle is generally applied for instruments in which superfluous words have been inserted to express the intention more clearly.

an act performed out of court

It is a Latin maxim, which refers to a judicial or any other act is performed out of court and not a matter a record.