Meaning of Patent Ambiguity
Patent Ambiguity refers to an obvious, apparent, and self-evident uncertainty appearing on the face of a document. It is a defect that can be detected by merely reading the document without requiring external investigation. Under the Indian Evidence Act, Sections 93 and 94, patent ambiguity arises when the language of a document is unclear, contradictory, or incomplete to the extent that its meaning cannot be understood directly. The law treats patent ambiguity strictly because allowing external evidence to fill obvious gaps may lead to fabrication, manipulation, or insertion of unintended meanings. Therefore, when ambiguity is visible in the text itself, courts generally decline to take extrinsic evidence to interpret the document.
Legal Position and Restrictions under Sections 93–94
Section 93 states that when the language used in a document is ambiguous or defective on the face of it, no extrinsic evidence may be admitted to remove such ambiguity. Similarly, Section 94 deals with cases where language is plain and applies accurately to existing facts but parties attempt to introduce external evidence to alter its meaning. The underlying principle is to uphold documentary certainty and prevent parties from contradicting, modifying, or supplementing the express terms of a written instrument. Courts emphasize that patent ambiguity cannot be cured by surrounding circumstances or oral explanations because this would defeat the object of documentation and allow subjective interpretations to override explicit textual defects.
Types and Practical Implications
Patent ambiguity may arise in various forms, such as contradictory clauses, missing names, vague descriptions, or internally inconsistent terms. For instance, if a gift deed states “I give my land to ___,” leaving a blank space, this is a patent ambiguity that cannot be resolved by additional oral evidence. Courts typically hold such documents void for uncertainty. This doctrine ensures that parties draft documents with precision and prevents misuse of evidence to fill intentional or accidental blanks. It also distinguishes patent ambiguity from latent ambiguity, where the words are clear but become doubtful when applied to external facts, and in such cases extrinsic evidence is allowed under Sections 95–98.
Real-Time Example
Suppose a businessman executes a will stating: “I leave my property located in Delhi to my nephew,” without naming which nephew when he has five nephews. The ambiguity is immediately visible on the document’s face. Since this is a patent ambiguity, the court cannot call witnesses or check external documents to determine which nephew was intended. The will, with respect to that particular bequest, becomes unenforceable. The court cannot correct the ambiguity because the law bars supplementary oral evidence when the text itself contains a clear defect. This protects the authenticity and integrity of written documents and discourages parties from relying on extrinsic explanations.
Mnemonic to Remember Patent Ambiguity
Mnemonic: “C-L-E-A-R Blocked”
- C – Cannot use external evidence
- L – Looks ambiguous on the face of the document
- E – Express wording is defective
- A – Arises under Sections 93–94
- R – Result: Document becomes void for uncertainty
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