Stay abreast with the latest developments in the professional domain along with in-depth analysis through the monthly BCA Journal. Get access to an engaging library of researched publications from the BCAS stable.
Learn MoreExplore past issues of BCA Journal & indulge in a treasure trove of high-quality professional content across format of print, videos & learning events from the BCAS stable.
Learn More
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
