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Indian Succession Act, 1925 Chapter 6

Title: Of the Construction of Wills

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....

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Indian Succession Act, 1925 Chapter 4

Title: Of Privileged Wills

State: Central

Year: 1925

.....on amilitary expedition, but not being at sea, is considered as a soldier, and canmake a privileged Will. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I. Section 65 - Privileged Wills Any soldier being employed in anexpedition or engaged in actual warfare, 1 [or an airman so employed or engaged,] or any mariner being at sea,may, if he has completed the age of eighteen years, dispose of his property by a Will made in the manner provided in section66. Such Wills are calledprivileged Wills. Illustrations (i) A, a medical officer attached to a regiment is actually employedin an expedition. He is a soldier actually employed in an expedition, and canmake a privileged Will. (ii) A is at sea in a merchant-ship of which he is the purser. He is a mariner,and, being at sea, can make a privileged Will. (iii) A, a soldier service in thefield against insurgents, is a soldier engaged in actual warfare, and as suchcan make a privileged Will. (iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she islying in harbour. He is, for the purposes of this section, a mariner at sea,and can make a privileged Will. (v) A,.....

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Indian Succession Act, 1925 Chapter 5

Title: Of the Attestation, Revocation, Alteration and Revival of Wills

State: Central

Year: 1925

.....validity to a privileged Will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. Explanation.In order to the revocation of a privileged Will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged Will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged Will. Section 73 - Revival of unprivileged Will (1) No unprivileged Will or codicil, nor any part thereof, which has been revoked in any manner, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same. (2) When any Will or codicil, which has been partly revoked and afterwards wholly revoked, is revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the whole thereof, unless an intention to the contrary is shown by the Will or codicil.

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Indian Succession Act, 1925 Chapter 2

Title: Of Wills and Codicils

State: Central

Year: 1925

.....imprisonment. (iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a will yet being so much under the control of B that he is not a free agent, makes a Will dictated by B. It appears that he would not have executed the will but for fear of B. The Will is invalid. (vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a Will of a certain purport and does so merely to purchase peace and in submission to B. The Will is invalid. (vii) A being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a Will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his Will in the manner recommended by B. The Will is not rendered invalid by the.....

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Indian Succession Act, 1925 Section 101

Title: Rules of Construction Where Will Purports to Make Two Bequests to Same Person

State: Central

Year: 1925

.....intended to make the second bequest instead of or in addition to the first; if there is nothing in the Will to show what he intended, the following rules shall have effect in determining the construction to be put upon the Will: (a) If the same specific thing is bequeathed twice to the same legatee in the same Will or in the Will and again in the codicil, he is entitled to receive that specific thing only. (b) Where one and the same Will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. (c) Where two legacies of unequal amount are given to the same person in the same Will, or in the same codicil, the legatee is entitled to both. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a Will and the other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. Explanation: In clauses (a) to (d) of this section, the word "Will" does not include a codicil. Illustrations (i) A, having ten shares, and no more, in the Imperial Bank of India, made his Will, which contains.....

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Registration Act, 1908 Part IX

Title: Of the Deposit of Wills

State: Central

Year: 1908

..... 1. Vide Goa Act 24 of 1985, section 3 (w.e.f. 5-12-1985). 2. Vide Karnataka Act 55 of 1976, section 4 (w.e.f. 24-10-1976). 3. Vide Kerala Act 7 of 1963, section 5 (w.e.f. 22-2-1968). 4. Vide Orissa Act 14 of 1989, section 4 (w.e.f. 19-9-1989). 5. Vide Pondicherry Act 17 of 1970, Schdule Item (1) (w.e.f. 1-11-1970). 6. Vide Tripura Act 7 of 1982, section 4 (w.e.f. 1-1-1983). Section 46 - Saving of certain enactments and powers of Courts (1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will. (2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid. STATE AMENDMENTS 1Goa: In section 46,-- (a) for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filed" shall be.....

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Indian Succession Act, 1925 Section 61

Title: Will Obtained by Fraud, Coercion or Importunity

State: Central

Year: 1925

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Indian Succession Act, 1925 Chapter 3

Title: Of the Execution of Unprivileged Wills

State: Central

Year: 1925

.....more than one witness be present at the same time, and noparticular form of attestation shallbe necessary. ______________________ 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.....

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Indian Succession Act, 1925 Section 59

Title: Person Capable of Making Wills

State: Central

Year: 1925

.....minor may dispose of his property by Will. Explanation 1. A married woman may dispose by Will of any property which she could alienate by her own act during her life. Explanation 2. Persons who are deaf or dumb or blind are not thereby incapacitated for making a Will if they are able to know what they do by it. Explanation 3. A person who is ordinarily insane may make a Will during an interval in which he is of sound mind. Explanation 4. No person can make a Will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing. Illustrations (i) A can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has not a competent understanding as to the nature of his property, or the persons who are of kindred to him, or in whose favour it would be proper that he should make his Will. A cannot make a valid Will. (ii) A executes an instrument purporting to be his Will, but he does not understand the nature of the instrument, nor the effect of its provisions. This instrument is not a valid Will. (iii) A, being very feeble and debilitated, but.....

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Indian Succession Act, 1925 Section 66

Title: Mode of Making, and Rules for Executing, Privileged Wills

State: Central

Year: 1925

.....ofhis Will, and theyhave been reduced into writing in hislifetime, but he has died before the instrument could be prepared and executed,such instructions shall be considered to constitute his Will, although they may not have been reduced intowriting in his presence, nor read over to him. (g) The soldier, 1 [airman] or mariner may make a Will by word of mouth bydeclaring his intentions before two witnessespresent at the same time. (h) A Will made by word of mouth shall be null at the expiration of one month after thetestator, being still alive, has ceased to be entitled to make a privileged Will. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I.

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