Under the Indian Succession Act, 1925, A, an adult, can perceive what is going on in his immediate…
Section 59 allows "every person of sound mind not being a minor" to make a will, and Illustration (i) to section 59 holds that such an A "cannot make a valid will".…
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Under the Indian Succession Act, 1925, A, an adult, can perceive what is going on in his immediate neighbourhood and can answer familiar questions. But he has no competent understanding of the nature of his property, of the persons who are of kindred to him, or of those in whose favour it would be proper to make his will. A makes a will. What is its validity?
Answer and explanation
Correct answer C
Section 59 allows "every person of sound mind not being a minor" to make a will, and Illustration (i) to section 59 holds that such an A "cannot make a valid will". Testamentary capacity needs an understanding of one's property and of the natural objects of one's bounty, not merely awareness of surroundings. Due execution cannot cure the lack of a sound disposing mind.