Literal Meaning
A false description does not vitiate.
Explanation & Origin
Origin – Falsa demonstratio non nocet is latin term which means a false description does not vitiate. A wrong description of an item in a legal document (such as a will) will not necessarily void the gift if it can be determined from other facts.
Explanation – A wrong description of an item in a legal document (such as a will) will not necessarily void the gift if it can be determined from other facts. Used mostly in the interpretation of wills where a testator may have adequately desctribed an asset but in some way, applied an element of misdescription; eg. a type of minor import. But in Latin for Lawyers, the maxim to apply it must be possible to say which is the correct and which is the incorrect part of the description.
Illustration
A will having a false demonstration non nocet.
Case Reference
In the case of Sheodhyan Singh And Ors. vs Mt. Sanichara Kuer And Ors[1] The rule is clearly settled, that in construing a deed purporting to assure a property, if there be a description of the property sufficient to render certain what is intended, the addition of a wrong name, or of an erroneous statement as to quantity, occupancy, locality, or an erroneous enumeration of particulars will have no effect. When there is a sufficient description set forth of premises by giving the particular name of a close, or otherwise, we may reject a false demonstration.Where the description is made up of more than one part, and one part is true and the other false, there, if the part which, is true describes the subject with sufficient legal certainty, the untrue part will be rejected as falsa demonstratio, and will not vitiate the grant or devise. The doctrine of falsademonstratio non nocet is not to be confined to cases where the first part of the description is true and the latter untrue, it being immaterial in what part of the description the falsa demonstratio occurs.
In the case of Nagendra Bala Devi, Wife Of Saroj … vs Baidyanath Chakravarty[2] it was observed that Then the other rule of law applies, that as soon as there is an adequate and sufficient definition, with convenient certainty of what is intended to pass by a deed, any subsequent erroneous addition will not vitiate it according to the maxim falsa demonstratio non nocet. In construing a deed purporting to assure a pro-party, if there be a description of the property sufficient to render certain what is intended, the addition of a wrong name or of an erroneous enumeration of particulars will have no effect.
In the case of The Province Of Bengal vs Maulvi Md. Yusuf And Anr.[3] The learned advocate for the respondent Mr. Amaresh Chandra Roy, who has shown great industry, learning and ability in arguing the ease, for which we expressed our appreciation at the close of his argument, has placed before us a number of decisions bearing upon the construction of deeds, mostly leases, and we have ourselves looked into many decisions not cited at the Bar. In our judgment the principles laid down in those decisions have an important bearing on the questions before us. We accordingly proceed to discuss the principles formulated in those decisions. The first and fundamental principle is the principle of “falsa demonstratio non nocet.” If there be a description of the property sufficient to render certain what is intended, the addition of a wrong name, or of an erroneous statement as to quantity, occupancy, locality, or an erroneous enumeration of particulars will have no effect.
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
Reference
[1] AIR 1956 Pat 349
[2] AIR 1938 Cal 225
[3] AIR 1943 Cal 122
