A threatens to shoot B, or to burn his house, or to cause him to be arrested on a criminal charge,…
Illustration (iv) to section 61 holds that "The bequest is void, the making of it having been caused by coercion." Section 61 looks at how the will came to be made, not at…
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A threatens to shoot B, or to burn his house, or to cause him to be arrested on a criminal charge, unless B makes a bequest in favour of C. In consequence, B makes a bequest in favour of C. Under the Indian Succession Act, 1925, what is the position of the bequest?
Answer and explanation
Correct answer B
Illustration (iv) to section 61 holds that "The bequest is void, the making of it having been caused by coercion." Section 61 looks at how the will came to be made, not at who benefits, so it does not matter that the threats came from A and not from C. A threat to have the testator arrested on a criminal charge is listed among the threats in the illustration itself.