A, governed by the Indian Succession Act, executes an instrument purporting to be his will, but does…
Section 59, illustration (ii), gives these exact facts and says the instrument is not a valid will. Testamentary capacity requires understanding the nature and effect of the…
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A, governed by the Indian Succession Act, executes an instrument purporting to be his will, but does not understand its nature or the effect of its provisions. The instrument is:
Answer and explanation
Correct answer B
Section 59, illustration (ii), gives these exact facts and says the instrument is not a valid will. Testamentary capacity requires understanding the nature and effect of the disposition; mechanically executing an instrument does not supply that understanding.
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Odisha Judicial Services