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November 2026

Suo Motu Civil Reference concerning Section 69 of Indian Succession Act (Ker. HC): Automatic revocation of pre-marriage Will upon marriage under Section 69 does not violate constitutional rights or testamentary capacity.

By Dr. K. Shivaram, Senior Advocate, Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 2 mins

38. Suo Motu Civil Reference concerning Section 69 of the Indian Succession Act, 1925

2026:KER:77525

October 8, 2026

Testamentary succession – Revocation of Will by marriage – Constitutional validity – Applicability of Section 69 of the Indian Succession Act, 1925 – Alleged conflict with Section 20 – Automatic revocation of a Will upon marriage held not unconstitutional. [Indian Succession Act, 1925, Ss. 20, 57 and 69; Constitution of India, Part III]

FACTS

The Kerala High Court considered a reference raising two questions: whether Section 69 of the Indian Succession Act, 1925, which provides for revocation of a Will by the testator’s marriage, was violative of Part III of the Constitution; and whether Section 69 was in direct conflict with Section 20 of the Act.

Section 69 provides that a Will is revoked by the marriage of its maker, subject to the statutory exception concerning a Will made in exercise of a power of appointment. Section 57, read with Schedule III, excludes the application of Section 69 to Hindus, Buddhists, Sikhs and Jains, and expressly provides that marriage does not revoke a Will made by a Hindu. The challenge

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