A will, or part of a will, is procured by fraud, coercion or pressure that takes away the testator’s…
Section 61 makes the affected will or part void where its making was caused by fraud, coercion or importunity that took away the testator’s free agency. The illustrations…
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A will, or part of a will, is procured by fraud, coercion or pressure that takes away the testator’s freedom of decision. What is the legal effect under section 61 of the Indian Succession Act, 1925?
Answer and explanation
Correct answer B
Section 61 makes the affected will or part void where its making was caused by fraud, coercion or importunity that took away the testator’s free agency. The illustrations distinguish ordinary persuasion that leaves free agency intact.
Option feedback
Option A
Section 61 invalidates a disposition procured by the specified means.
Option B
Section 61 makes the will or affected part void.
Option C
The section expressly makes the affected disposition void.
Option D
Consent by the beneficiary does not cure a defect in the testator’s free agency.
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Odisha Judicial Services