Section 61 of the Indian Succession Act, 1925 – Will obtained by fraud, coercion or importunity

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Section 61: Will obtained by fraud, coercion or importunity

A will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. Illustrations (i) A, falsely and knowingly represents to the testator, that the testator’s only child is dead, or that he has done some undutiful act and thereby induces the. testator to make a will in his, A’s favour; such will has been obtained by fraud, and is (ii) A, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void. (iii) A, being a prisoner by lawful authority, makes his will. The will is not invalid by reason of the imprisonment.

Source: official text of The Indian Succession Act, 1925 as published on India Code (PDF). All sections of the Indian Succession Act, 1925.