Revocation of unprivileged will or codicil

Q: When did Section 70 of the Indian Succession Act come into force?

Section 70 of the Indian Succession Act, cited as Succession Act 70, 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.

In force From 30 Sep 1925 Act 39 of 1925 As on 15 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925

Section 70 of the Indian Succession Act, 1925 deals with revocation of unprivileged will or codicil. No unprivileged will or codicil, nor any part thereof, shall be trevoked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is herein before required to be executed, or by th The Act came into force on 30 Sep 1925.

No unprivileged will or codicil, nor any part thereof, shall be trevoked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is herein before required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same.
Illustrations
(i) A has made an unprivileged will. Afterwards, A makes another unprivileged will which purports to revoke the first. This is a revocation.
(ii) A has made an unprivileged will. Afterwards, A, being entitled to make a privileged will, makes a privileged will, which purports to revoke his unprivileged will. This is a revocation.
Section 70, 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.

Badrilal vs Suresh

Supreme Court of India 28 Oct 2021 Binding (SC) Marked not reportable

Court's Decision & Legal Precedent

A Will can be revoked only in the modes prescribed by Section 70 of the Indian Succession Act, 1925: by execution of another Will or codicil, by a writing executed in the manner required for a Will declaring intention to revoke, or by burning, tearing, or destroying the Will by the testator or by someone in his presence and direction. An agreement that is not executed as a Will, lacks proper attestation, and does not comply with these statutory requirements cannot revoke a Will. A beneficiary under a valid Will can sell only to the extent of her bequest; the sale is valid only to that extent, and partition is necessary for full transfer of inherited property.

On this section: Defines the exclusive modes of revocation of an unprivileged Will: (a) by execution of another Will or codicil, (b) by a writing executed in the manner required for a Will declaring intention to revoke, or (c) by burning, tearing, or destroying by the testator or by someone in his presence and direction. The Court applied this section to hold that the agreement dated 12th May 2009 did not comply with any of these modes and therefore did not revoke the Will.

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Questions about Section 70

What have the courts held on Section 70 of the Indian Succession Act?

Badrilal vs Suresh (28 Oct 2021) is the leading judgment on this section among those set out below: Defines the exclusive modes of revocation of an unprivileged Will: (a) by execution of another Will or codicil, (b) by a writing executed in the manner required for a Will declaring intention to revoke, or (c) by burning, tearing, or destroying by the testator or by someone in his presence and direction. The Court applied this section to hold that the agreement dated 12th May 2009 did not comply with any of these modes and therefore did not revoke the Will.

How do I find court cases under Section 70 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 70, section 70 Succession Act, section 70 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 70. 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 Badrilal vs Suresh (28 Oct 2021).

When did Section 70 of the Indian Succession Act come into force?

Section 70 of the Indian Succession Act, cited as Succession Act 70, 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

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.