A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make…
Illustration (vi) to section 61 holds that "The will is invalid." Section 61 voids a will caused "by such importunity as takes away the free agency of the testator". A will…
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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. Under the Indian Succession Act, 1925, what is the validity of the will?
Answer and explanation
Correct answer A
Illustration (vi) to section 61 holds that "The will is invalid." Section 61 voids a will caused "by such importunity as takes away the free agency of the testator". A will made merely to purchase peace by a testator too weak to resist is not his free act, even though no threat or fraud was used.