Indian Succession Act, 1925 Chapter 3 - Bare Act

StateCentral Government
Year1925
Section TitleOf the Execution of Unprivileged Wills
Act Info:

Every testator, not being asoldier employed in an expedition or engaged in actual warfare, 1 [or an airman so employed orengaged,] or a mariner at sea, shallexecute his Will according to the followingrules:-

(a) The testator shall sign or shallaffix his mark to the Will, or it shall be signed by some other person in hispresence and by his direction.

(b) The signature or mark of thetestator, or the signature of the person signing for him,shall be so placedthat it shall appear that it was intendedthereby to give effect to the writing as a Will.

(c) The Will shall be attested by two or more witnesses, each of whom hasseen the testator sign or affix hismark to the Will or has seen some otherperson sign the Will, in the presence and by the direction of the testator, orhas received from the testator a personal acknowledgement of his signature or mark, or of the signature of such other person; and each of thewitnesses shall sign the Will in the presenceof the testator, but it shallnot be necessary that more than one witness be present at the same time, and noparticular form of attestation shallbe necessary.

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1. Inserted by Act 10of 1927, section 2 and Schedule I.


Section 63 - Execution of unprivileged Wills

Every testator, not being asoldier employed in an expedition or engaged in actual warfare, 1 [or an airman so employed orengaged,] or a mariner at sea, shallexecute his Will according to the followingrules:-

(a) The testator shall sign or shallaffix his mark to the Will, or it shall be signed by some other person in hispresence and by his direction.

(b) The signature or mark of thetestator, or the signature of the person signing for him,shall be so placedthat it shall appear that it was intendedthereby to give effect to the writing as a Will.

(c) The Will shall be attested by two or more witnesses, each of whom hasseen the testator sign or affix hismark to the Will or has seen some otherperson sign the Will, in the presence and by the direction of the testator, orhas received from the testator a personal acknowledgement of his signature or mark, or of the signature of such other person; and each of thewitnesses shall sign the Will in the presenceof the testator, but it shallnot be necessary that more than one witness be present at the same time, and noparticular form of attestation shallbe necessary.

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1. Inserted by Act 10of 1927, section 2 and Schedule I.


Section 64 - Incorporation of papers by reference

If a testator, in a Will or codicil duly attested, refers to any other document then actually written as expressing any part of his intentions, such document shall be deemed to form a part of the Will or codicil in which it is referred to.