Revocation of Will -- Inapplicability of Section 69 to Hindus -- Classification has reasonable nexus with object, not violative of Article 14
(i) Indian Succession Act, 1925, S.69 -- Revocation of Will -- Inapplicability of Section 69 to Hindus -- Non-extension of a provision with a laudable object to Hindus does not by itself render it violative of Article 14 -- Object of the section is to protect the newly formed family, a purpose otherwise secured for Hindus through maintenance provisions under personal law, with no corresponding personal law obligation for Christians -- Classification rests on intelligible differentia having rational nexus with the object sought to be achieved, and gradual legislative reform does not render an under-inclusive classification unconstitutional. (ii) Indian Succession Act, 1925, S.69 -- Revocation of Will -- Differential Application to Christians and Hindus -- Non-applicability of a provision to one community while applying it to another does not constitute discrimination, unfair or unfavourable treatment -- Provision does not violate Article 15 of the Constitution, nor does it suffer from manifest arbitrariness. (iii) Indian Succession Act, 1925, S.20, S.69 -- Revocation of Will -- Conflict Alleged with Section 20 ISA -- Automatic revocation of a will upon marriage does not create any interest in property consequent on marriage, nor does it restrict the power of disposal of the spouse -- Effect of revocation is only that a prior disposition stands revoked, with the estate devolving as spes successionis for the new family absent fresh disposition -- No conflict exists between the two sections. (iv) Indian Succession Act, 1925, S.69, S.118 -- Revocation of Will -- Automatic Revocation on Marriage -- Does not Curtail Testamentary Capacity -- Provision does not totally curtail the right of a testator to bequeath property, unlike a provision restricting bequests to religious or charitable uses -- Testator remains free to execute a fresh bequest at any time after marriage -- No infringement of testamentary capacity or freedom to deal with one’s property.
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