A is in such a state of health as to be capable of exercising his own judgment and volition. B uses…
Illustration (vii) to section 61 holds that the will "is not rendered invalid by the intercession and persuasion of B". Section 61 strikes only at importunity that "takes…
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A is in such a state of health as to be capable of exercising his own judgment and volition. B uses urgent intercession and persuasion to induce A to make a will of a certain purport. In the free exercise of his judgment and volition, A makes his will in the manner recommended by B. Under the Indian Succession Act, 1925, what is the validity of the will?
Answer and explanation
Correct answer C
Illustration (vii) to section 61 holds that the will "is not rendered invalid by the intercession and persuasion of B". Section 61 strikes only at importunity that "takes away the free agency of the testator". Persuasion that leaves the testator free to decide for himself is lawful, whoever benefits.