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Report No. 110

II. Persons Entitled to Make Privileged Wills

13.3. Exclusion of soldiers from section 63.-

The first point relates to soldiers and other persons in the armed forces. Section 63 expressly excludes from its application "a soldier employed in an expedition or engaged in actual war or airman so employed or engaged or a mariner at sea". The exclusion of soldiers from the scope of this section is understandable, because the persons excluded by section 63 are dealt with in section 65, which deals with privileged wills. But section 65 does not apply1 to Hindus2.

The position, therefore, is that Hindu soldiers etc. are governed neither by section 63 nor by section 65. Apparently, in their case, the unenacted law of wills (as applicable to Hindus) would still be applicable. This is not a very satisfactory position. The process of ascertaining this unenacted law requires research that is beyond the capacity of a layman-and even beyond the resources of some lawyers.

1. Third Schedule.

2. Point concerning section 65 also.

13.4. Recommendation to amend the Third Schedule so as to include sections 65-66.-

If this be so, then the present position is not very satisfactory. There appears to be no reason why, at least at the present day, it should be necessary, in the case of wills of Hindu soldiers, etc., to conduct such research, when no such research is expected in the case of Hindu civilians, or non-Hindu soldiers. We, therefore, recommend that the Third Schedule to the Act should be amended1, so as to mention therein the sections relating to privileged wills, namely, sections 65 and 66 also, as applicable to Hindus etc.

1. To be carried out under the Third Schedule.

The Indian Succession Act, 1925 Back

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