Indian Succession Act,1925
Act No : 39
Section :
Person capable of making wills.
59. Person capable of making wills.-Every person of sound mindnot being a minor may dispose of his property by will. Explanation 1.--A married woman may dispose by will of anyproperty which she could alienate by her own act during her life. Explanation 2.--Persons who are deaf or dumb or blind are notthereby incapacitated for making a will if they are able to know whatthey do by it. Explanation 3.--A person who is ordinarily insane may make a willduring interval in which he is of sound mind. Explanation 4.--No person can make a will while he is in such astate of mind, whether arising from intoxication or from illness orfrom any other cause, that he does not know what he is doing. Illustrations (i) A can perceive what is going on in his immediateneighbourhood, and can answer familiar questions, but has not acompetent understanding as to the nature of his property, or thepersons who are of kindred to him, or in whose favour it would beproper that he should make his will. A cannot make a valid will. (ii) A executes an instrument purporting to be his will, but hedoes not understand the nature of the instrument, nor the effect ofits provisions. This instrument is not a valid will.---------------------------------------------------------------------1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".---------------------------------------------------------------------71 (iii) A, being very feeble and debilitated, but capable ofexercising a judgment as to the proper mode of disposing of hisproperty, makes a will. This is a valid will.
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