Person capable of making wills
Section 59 of the Indian Succession Act, 1925 deals with person capable of making wills. Every person of sound mind not being a minor may dispose of his property by will. The Act came into force on 30 Sep 1925.
Every person of sound mind not being a minor may dispose of his property by will.
Explanation 1.--A married woman may dispose by will of any property which she could alienate by her own act during her life.
Explanation 2.--Persons who are deaf or dumb or blind are not thereby incapacitated for making a will if they are able to know what they do by it.
Explanation 3.--A person who is ordinarily insane may make a will during interval in which he is of sound mind.
Explanation 4.--No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing.
Illustrations
(i) A can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has not a competent understanding as to the nature of his property, or the persons who are of kindred to him, or in whose favour it would be proper that he should make his will. A cannot make a valid will.
(ii) A executes an instrument purporting to be his will, but he does not understand the nature of the instrument, nor the effect of its provisions. This instrument is not a valid will.
(iii) A, being very feeble and debilitated, but capable of exercising a judgment as to the proper mode of disposing of his property, makes a will. This is a valid will.
Section 59, The Indian Succession Act, 1925 (Act 39 of 1925).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Suresh Manilal Mehta vs Varsha Bhadresh Joshi
Court's Decision & Legal Precedent
The right to apply for probate under Article 137 of the Limitation Act, 1963 is a continuing right that can be exercised at any time after the testator's death so long as the right to do so survives. The limitation period begins when the right to apply accrues, which is when it becomes necessary to apply, not from the date of death. Delay beyond three years from the date of death arouses suspicion, but once execution and attestation of the Will are proved, the suspicion of delay no longer operates and cannot be equated with an absolute bar of limitation. A testator need not be in perfect physical or mental health to execute a valid Will; so long as the testator has sufficient capacity to discern and discreetly judge the matters that enter into a rational, fair, and just testament, testamentary capacity is established. Chronic ailments such as diabetes, hypertension, and heart disease do not per se constitute lack of testamentary capacity. Allegations of forgery must be supported by credible evidence, including expert handwriting analysis; bare assertions without foundation are insufficient. In testamentary jurisdiction, the court exercises circumspection, not suspicion, and the test is not of absolute exactitude or great precision.
On this section: Defines testamentary capacity and provides explanations that certain impediments do not constitute incapacity; includes provision for lucid intervals
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 59
What have the courts held on Section 59 of the Indian Succession Act?
Suresh Manilal Mehta vs Varsha Bhadresh Joshi (02 Dec 2016) is the leading judgment on this section among those set out below: Defines testamentary capacity and provides explanations that certain impediments do not constitute incapacity; includes provision for lucid intervals.
How do I find court cases under Section 59 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 59, section 59 Succession Act, section 59 of the Indian Succession Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Suresh Manilal Mehta vs Varsha Bhadresh Joshi (02 Dec 2016).
When did Section 59 of the Indian Succession Act come into force?
Section 59 of the Indian Succession Act, cited as Succession Act 59, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.