Mental Health Act, 1987
Sections 54—Order rejecting testamentary petition—Challenged—Manager of the property of mentally ill person appointed by the court does not have unfettered powers to deal with the property of a mentally ill person—Execution of 'Will' by the manager of the property of a mentally ill person was an act without any authority of law—Order rejecting testamentary petition on ground that there is no question of grant of probate in connection with such a document—Proper.
[15 to 18]
Indian Succession Act, 1925
Section 59—Validity of Section—Challenged—Provisions of Section 59 of the Indian Succession Act is in conformity with the fundamental concept of ‘Will’, which is meant to be a document executed by free will or conscious choice of the owner of the property—No merit found in the challenge to the validity of Section 59 of the Indian Succession Act.
[Para 19]
Will
Capability of a person of making ‘Will’—In order to make a valid 'Will', the testator need to be in perfect state of health, specifically in sound state of mind and should not be incapacitated in any manner from expressing his or her free will or making of conscious choice.
[Para 14]
What is—'Will' "is a legal declaration of a person's wishes regarding disposal of his or her property or asset after death"—A written instrument legally executed by a person making disposition of his or her asset to take effect after death, can only be with expression of willingness of such person to execute the same—Wishes of a person who is the testator of 'Will' should be a free will which means that such person is allowed to choose what he or she wants—Expression of free will would require the capability of conscious choice and decision as also undefined the intention of the person executing the 'Will'—Expression of such feeling is personal to the person executing the document, which is known as 'Will' in the legal parlance.
[Para 13]