Repealed or not in force · As amended up to 2026-08
PART X.
Of the Attestation, Revocation, Alteration and Revival of Wills,
5 4 A Will shall not be considered as insufficiently attested by reason of any benefit thereby given, either by way of bequest or Effect of gift to attesting B) witness. by way i f appointment, to any person. attesting it, or to his oi. her wife or husband : but the bequest or appointment shall be void so far as concerns the person so attesting, or the wife or husband of such person, or any person claiming under either of them.
ExpZanation.-A legatee under a Will does not lose his legacy by attesting a Codicil which confirms the Will.
`55.` No person, by reason of interest in or of his Witness notdisqualified by interest or by being an executor of a T4'ill, is disqualified as a witness being executor. to prove the execution of the TVill or to prove the validity or invalidity tlrereof,
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ACT No. X `OF 1865.`
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56.[Every Will shall be revoked by the marriage of the maker, except ] `[a ]` Will made in exercise of a power of appointaent, when Revocation of Will by - the property over which the power of appointment is exercised would not in default of such appointment pass to his or her executor, or administrator, or to the person entritled in case of intes-
tacy.
ExpZunution.-where a man is invested with power to determine the Power of appointdisposition of property of which he is not the owner, he is ment defined. said to have power to appoint such property. 57, No unprivileged Will or Codicil, nor anyy part thereof, shall be revoked otherwisc than by marriage, or by another Will Revocation of uhprivilegedwillor Codicilor Codicil, or by some writing declaring a n I intention to revol<e the same, and executed in the manner in which an unpriviieged ~47i11 - is hereinbefore 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.
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(a)[A has made ][an ][unprivileged M7ill ][; ][afterwards A nlakes pnother unprivileged Will which ][pu~or-s ] o revoke the first. This is a revocation.
( b ) [A ][has made an unprivileged llTill. Afterwards, ] [A ][being entitled to make a privileged ][IViIl, ] lakes a privileged Will, which purports to revoke his unprivileged l17ill. This is s revocation.
58. ,No obliteration, interlineation, or other alteration made in any Effect of unprivileged Will after the execution thereof shall have tioll interlineation, or altera- iu unprivileged any egect, except so far as the words or meaning of the Will. Will sball liave been thereby rendered illegible or undisccrnible, unless such alteration shall be executed in like inanner as hereinbefore is rciluired for the execution of the \J1ill ; save that the Will, as so altered, shall be deemed to be duly executed if the signature of the testator anci the ~uCszi.illtion of the witnesse: be made in the margin or on some other
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ACT KO. X OF 1865.
part of the Will opposite or near t o such alteration, or at the fcmt or end of or opposite to a memorandum referring to such alteration, and written at tltc: end op some other part of the Will.
59, privileged Will or Codicil may he revoked by the testator, by nn unprivileged Will or Codicil, or by ;my act expressing nn Revocation intention to revoke it, and accompanied with such formaleged JJTill or Cod~cil. lities as ~vould be sufficient to give validity to a privileged Will, 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 thc intention of revoking the same.
E;rplnnation.-In order to the revocation of a privileged Will or Codicil by an act accompanied with such formalities as would be sufficient to give validity to a privileged Will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged XTill.
`$9,`[No unprivileged Will or Codicil, nor any part thereof, which shall ] be in any manner revoked, shall be revived otherwise thau Revival of unpivileged iViII. by the re-execution thereof, or by a Codicil executed in manner hereinbefore required, and showing an intention to revive the saLue ; and when any %'ill or Codicil which sliall be partly revoked, and afterwards Extent of revival of ~11011~ revolted, shall be revived, such revival shall not Or partly extend to so much thereof as shall have been revolicd r e v o ~ e d and afterwards IYIIOIIY revoked. before the revocatiorl of the whole thereof, unless an intention to the contrary shall be shown by the \\'ill or Codicil.
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. It is not necessary t,hat any t,ecIlnical ~vorcls or terms of art shall be ~ ~ s e d i n a N7illi - but oi11y that the woi-ding sl~a'll. bc, sl.~cIi \$'orcling of -1'r:ill. that tllc iuter~tions of' the: testator can 1.1c lc::on.!l ti;el.eIrorn.
ACT No: X OF 1865.
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Source: India Code