The question (10 marks)
"By a will attested by two witnesses, X, a Christian, bequeaths: (i) 'my gold chain' to A; (ii) '₹2,00,000 out of my deposit with the Bank of Baroda' to B; (iii) his residue 'to C and D in equal shares'; and (iv) ₹5,00,000 to a church, the will having been made two months before his death. X sold the gold chain before he died, the bank deposit was closed, D predeceased X, and one of the attesting witnesses is B's husband." Advise on the effect of each bequest.
MU problem pattern on legacies; built on the Unit 4 wills chapter, the text of Part VI of the Indian Succession Act, and the John Vallamattom and Venkatachala Iyengar readings.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · The Indian Succession Act 1925 of Family Law I (Muslim, Parsi and Christian Law; Indian Succession Act).
Authorities you will need
- Indian Succession Act 1925, ss. 63, 67, 105, 107, 108, 142, 143, 150, 151, 152
- John Vallamattom v Union of India (2003)
- H. Venkatachala Iyengar v B.N. Thimmajamma (1958)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.