The Malabar Wills Act, 1898

The Malabar Wills Act, 1898 Act 5 of 1898 Keyword(s): Minor, Will, Codicil, Testamentary Powers DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. eP2 Will8 (Malabar) 11898: T.N. Act V l/TAMIL NADU] ACT No. V OF 189tIa. (Received the assent of the Goverw on the 9th July 1898 ; and of the Governor-Ceneral on the 3rd August 1898.) An Act to declare the testamentary power of persons governed by the Marumakkatayam or the Aliyasantsna law of inheritance, and to provide rules for the execution, attestation, revocation and revival of the wills of such persons. Preamble. Whereas doubts have arisen regarding the testa- mentary power of persons governed by the Marumak- katayam or the Aliyasantana law of inheritance ; and whereas it is expedient to remove such doubts, and to provide rules for the execution, attestation, revocation and revival of the wills of such persons ; It is hereby enacted as follows :- PART I. PRELIMINARY. Short title. 1. (1) This Aot may be called the Malabar Wills Aot, 1898. Local extent. (2) It extends to the whole of the 3[State of Tamil Nedu] ; and - --- .- 1 These words were substituted for the word Madras " by " the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Seaond Amendment) Order, 1969, which came into force on the 14th January 1969. a For Statement of Objects and Reasons, 8ee Pwt St. Gwrge Gazette Supplement. dated thc 24th November 1896, p. 2: for Report of the Select Committee, we ibid, dated the. 8th May 1898 ; for Proceedings in Counoil, see &id, dated the 12th January 1897, p. 23 ; &id, dated the 9th Maroh 1897, p. 46 ; ibid, dated tho 1st February 1898, p. 13 ; &id. dated the 3rd May 1898, p. 34; - and ibid, dated the 12th July 1898, p. 3. The Governor-Genoral'b: aswrlt to this Act was published in the Port St. George Gazette, dated t h 1~6t h August 1898. Thia Act was extended to the merged State of Pudukkottai by seation 3 of, and the First Schedule to, the Tamil Nedu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949). resideno no^ ' This :~:xpression waa substituted for the expression of Madras by t,he Talnil Nadu Adaptation of Lawe Order, 1970, whioh wse deemed to have oome into forroe on the 14th Jenusry 1969, - I ahba bar) 1898 : T.N. Act V] will8 443 (3) It shall com0 into force on such date] as the Uommenae- s[State Government] by notification s11aU appoint in merit. this behalf : 2. In this Act, unless there be something repugnant ~nterprehtio,. in the subject or context,-- ohuse. (1) " minor " means any person who shall not "Minor. have completed the age of eighteen years : (2) " will " means any legal declaration of the "Will". intentions of the testator with respect to his property which he desires to be carried into effect after his death : (3) " codicil " means an instrument made in 46Coclioil". relation to a will and explaining, altering or adding to its dispositions. It is considered as forming an additional part of the will. PART 11. 3. This part shall apply to persons domiciled in the P;eprsonss t$o ; .[State of Tamil Nadu] who are governed by tbe Marumakkatayam or the Aliyasantana low of inberi- apply. tance. - ---C--- 1 The Act came into foroo on tho 2nd September 1898, see Port S tif wrge Gazette, 1898, Pt. I, p. 818, Notification No. 421, 2nd Sep- tem er 1898. 2 The words " Provinoial qpvernment " mere substituted for the words I'Locnl ~vernment by the Adaptation Order of 1937 and the word State " was aubstituted for Provincial by the " " " Adaptation Order of 1960. 9 The proviso wae omittod by section 4 of, and the Third Schedule to, the Tamil Nadu Repeding and Amending Act, 1967 (Tamil Ndu Act XKV of 1957). In so fa? as this Act applies to tho added territories, thia proviso was omitted by section 4 of, and the Seoond Schedule to, the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1901). 4 This expression was substituted for the expression " Presi- denoy of $adras by the Tamil Nadu Adaptation of Law. Order, " 1970, whl& waa deemed to have aome into force on the 14th Jsnuerg 1969. 444 Wills (Malabar) 11898 : T.N. Act V 4. Every person of sound mind and not a minor may Persons oapble of by will dispose of property which he could legally , making alienate by gift inter vivos and shall be deemed to have been always competent so to dispose of such property. Explanation I.-Persons who are deaf or dumb or blind are not thereby incapacitated for making a will, if they are able to know what they do by it. Explanation 11.-One who is ordinarily insane may make a will during an interval in which he is of sound mind. Explanation IIT.-No person can make a will while he is in such a state of mind whether arising from drunkenness or from illness or &om any other oause,that he does not know what he is doing. Will obtain- 5. A will or any part of a will, the making of whioh ad by fraud, has been caused by fraud or ooeroion, or by euah ow,ion or importunity. importunity as takes away the free agency of the teata- tor, is void. Win may be 6. A will is liable to be revgked or altered by the PBVOkedO*r maker of it at any time when he is competent to dispose sltered. of his property by will. Saving 7. Nothing contained in section 4 shall- olauee. (a) affect any right established before the commencement of this Act by a final decree of a Court of competent jurisdiction ; (b) authorize a testator to deprive any persons of any right of maintenance of which, but for section 4, he could not deprive them by will ; (c) affect any law of intestate succession or authorize any testator to create in property any interest, which he could not have created prior to this Act. 1898 :T .N. Act V] Wills (Malabar) 446 PART IXI, 8. This part shall apply to persons governed by the Pwehroamon st thoi s Marumakkatayam or the Aliyasantana law of inheri- Part shall tance, whether they are domiciled in the l[State of apply. Tamil Nadu] or not. 9. All wills and codicils made on or after the date of ~xecution,! the commencement of this Act within the '[State of willsand codicils. Tamil Nadu], and all such wills and codicils made outaide the =[mid State] so far as relate to immovable property situated wikhin the %[saidS tate], must be executed according to the following rules :- 1st.-The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction. 2nd.-The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will. 3rd.-The will shall be attested by two or more witnesses, each of whom must have seen the testator, sign or a& his mark to the will, or have seen some other person sign the will in the presence and by the direction of the testator, or have received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person ; and each of the witnesses must sign thc will in the prescrloe of the testator, but it shall not be necessary that' more than one witness be present at the shme time, and no particular form of attestation shall be necessary. 1 This expression was substituted for the expression " Presidency of Madras by the Tamil Nadu Adaptation of Laws Order, 1970, " w&h was deemed to have come into force on the 14th January 1969. a These words were substituted for the words "said Presidency" by paragraph 4 of, and the Sche,dule to, iid. Wills (aalabar) [I898 :. I'.N. Aet l? . 10. If a testator, in a will or codicil duly attested, Lncorpora- tion of refers to any other document then actuallywritten, as pepera by expressing any part of his intentions, such documents referenoe. shall be coilsidered as forming g part of the will or codicil in which it is referred to. Witness not 11. No pcrson, by reason of interest in, or of his disqualified being an executor of a will, is disqualified as a witness by intsrest or by being to prove the execution of tlie will or to prove the validity exooutor. or invalidity thereof. Revocation 12. No will or coclicil, nor any part thereof, shall be of will or revoked otherwise than by another will or codicil, or codicil. by some writing clccluring an illtentioil to revoke the same and excouted in the manner in which a will is hercilibcfbre required to be cxccuted, or by the burning, tearing or otherwise destroying the same by the tcstator, or by somc person in his presence and by his direction, with the intention of revoking the same. lf feot of 13. No obliteration, interlineation or other altera- obliteration, tion made in any will after the execution thereof shall interlinea- tion or have any affect, except so far as the words or meaning alteration of the will shall have been thereby rendered illegible or in a will. undiscernible, unless such alteration shall be executed in like manner as hereinbefore is required for the execution of thc will ; ssvc that the will, as so altereci, shall be deemed to be duly executed if the signature of the sttahabor and the subscription of the witnesses be made in the margin or on some other part of the will opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such alteration, and written at the end or some other part of the will. Revival of 14. No will or codicil, nor any part tihereof, which e will or shall be in any manner revoked, shall be revived other- codicil. wise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and ehowing an intention to revive the same ; and when any will or codioil, which shall bepartly revoked and afterwards wholly revoked, shall be revived, euoh 1898 : T.N. Aet *O] . 441 revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unlegs an intention to the contrary shall be shown by the will or codicil. 15. No will or-codicil made by a soldier employed in Execution an expedition or engaged in actual warfare or by a and revocct. tion of will mariner at sea and no revocation by such persoil of his or will or codicil shall be deemed invalid by reason only by ~oldiers of such will, codicil or revocation not being made in Or aooordance with the provisions of this Part.