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Section 65 - Privileged Wills in Indian Succession Act, 1925

snapp 65 ISA 1925 0 Notes

Privileged Wills.

Section 65 - Privileged Wills

Any soldier being employed in anexpedition or engaged in actual warfare, 1 [or an airman so employed or engaged,] or any mariner being at sea,may, if he has completed the age of eighteen years, dispose of his property by a Will made in the manner provided in section66. Such Wills are calledprivileged Wills.

Illustrations

(i) A, a medical officer attached to a regiment is actually employedin an expedition. He is a soldier actually employed in an expedition, and canmake a privileged Will.

(ii) A is at sea in a merchant-ship of which he is the purser. He is a mariner,and, being at sea, can make a privileged Will.

(iii) A, a soldier service in thefield against insurgents, is a soldier engaged in actual warfare, and as suchcan make a privileged Will.

(iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she islying in harbour. He is, for the purposes of this section, a mariner at sea,and can make a privileged Will.

(v) A, an admiral who commands anaval force, but who lives on shore,and only occasionally goes on board his ship, is not considered as at sea, and cannot make aprivileged Will.

(vi) A, a mariner serving on amilitary expedition, but not being at sea, is considered as a soldier, and canmake a privileged Will.

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1. Inserted by Act 10of 1927, section 2 and Schedule I.

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