Indian Succession Act,1925
Act No : 39
Section :
Will obtained by fraud, coercion or importunity.
61. Will obtained by fraud, coercion or importunity.-A will orany part of a will, the making of which has been caused by fraud orcoercion, or by such importunity as takes away the free agency of thetestator, is void. Illustrations (i) A, falsely and knowingly represents to the testator, that thetestator's only child is dead, or that he has done some undutiful actand thereby induces the testator to make a will in his, A's favour;such will has been obtained by fraud, and is invalid. (ii) A, by fraud and deception, prevails upon the testator tobequeath a legacy to him. The bequest is void. (iii) A, being a prisoner by lawful authority, makes his will.The will is not invalid by reason of the imprisonment. (iv) A threatens to shoot B, or to burn his house or to cause himto be arrested on a criminal charge, unless he makes a bequest infavour of C. B, in consequence, makes a bequest in favour of C. Thebequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undisturbed by theinfluence of others, to make a will yet being so much under thecontrol 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 toresist importunity, is pressed by B to make a will of a certainpurport 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 ofexercising his own judgment and volition, B uses urgent intercessionand persuasion with him to induce him to make a will of a certainpurport. A, in consequence of the intercession and persuasion, but inthe free exercise of his judgment and volition makes his will in themanner recommended by B. The will is not rendered invalid by theintercession and persuasion of B. (viii) A, with a view to obtaining a legacy from B, pays himattention and flatters him and thereby produces in him a capriciouspartiality to A. B, in consequence of such attention and flattery,makes his will, by which he leaves a legacy to A. The bequest is notrendered invalid by the attention and flattery of A.
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