Sections 57-58 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Part VI of the Act, on testamentary succession, does not apply wholesale to every will. Section 58 sets its general limits, and section 57 applies to certain wills of Hindus, Buddhists, Sikhs and Jainas only those sections of Part VI that are listed in Schedule III, subject to five restrictions and modifications. Together they decide which rules of the Act a will of this kind can use.
Under section 58, Part VI does not apply to the testamentary succession to the property of any Muhammadan, nor, save as provided by section 57, to that of any Hindu, Buddhist, Sikh or Jaina, nor to any will made before 1 January 1866. Section 57 applies the sections listed in Schedule III, with its five restrictions and modifications, to three classes of wills and codicils of Hindus, Buddhists, Sikhs and Jainas. A proviso says marriage does not revoke any such will or codicil.
Section 58: the general limits of Part VI
As per the text of the Act consulted, section 58(1) says the provisions of Part VI shall not apply to testamentary succession to the property of any Muhammadan nor, save as provided by section 57, to testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will made before the first day of January, 1866.
Section 58(2) says: save as provided in sub-section (1) or by any other law for the time being in force, the provisions of Part VI shall constitute the law of India applicable to all cases of testamentary succession. The text does not say what "any other law" provides. A separate law deals with inheritance among Hindus; see our guide on intestate succession under the Hindu Succession Act.
Section 57: the three classes of wills
The number is printed "[57.]" in the copy. The provisions of Part VI which are set out in Schedule III shall, subject to the restrictions and modifications specified there, apply:
- (a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at that date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and
- (b) to all such wills and codicils made outside those territories and limits, so far as relates to immovable property situate within those territories or limits; and
- (c) (in square brackets in the copy) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b).
Proviso: marriage shall not revoke any such will or codicil.
If you are a Hindu family with questions about a will and the family's property arrangements, our HUF advisory page explains where the family unit comes in. See also our guide on ancestral property and self-acquired property.
Schedule III: the list of sections applied
Schedule III is headed "(See section 57) Provisions of Part VI applicable to certain wills and codicils described in section 57". The sections of Part VI it lists are these, exactly as printed.
Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 96, 98, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, [117], 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189 and 190.
Section 117 is printed in square brackets in the copy. The sections of Part VI that the list does not name are 60, 65 to 67, 69, 72, 91 to 94, 97, 99, 100, 118 and 191, so Schedule III does not apply those sections to wills of this kind. That is read from the printed list; it is not stated in a sentence of the Act. Among the listed sections are 59 (see our guide on testamentary capacity) and 63 (see our guide on attesting witnesses). Section 70 is also listed, which leads to restriction 4 below; see our guide on revocation by marriage and by act of parties. Sections 65 and 66 (privileged wills) and section 69 are not in the list.
The five restrictions and modifications
- Restriction 1. Nothing in the listed sections authorises a testator to bequeath property which he could not have alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the application of these sections, he could not deprive them by will.
- Restriction 2. Nothing in them authorises any Hindu, Buddhist, Sikh or Jaina to create in property any interest which he could not have created before the first day of September, 1870.
- Restriction 3. Nothing in them affects any law of adoption or intestate succession.
- Restriction 4. In applying section 70, the words "than by marriage or" shall be omitted. (The copy prints the words without quotation marks.)
- Restriction 5. In applying sections 75, 76, 105, 109, 111, 112, 113, 114, 115 and 116 to such wills and codicils, the words "son", "sons", "child" and "children" shall be deemed to include an adopted child; the word "grandchildren" shall be deemed to include the children, whether adopted or natural-born, of a child whether adopted or natural-born; and the expression "daughter-in-law" shall be deemed to include the wife of an adopted son. (The copy prints the numbers of these sections in words.)
Who is reached, at a glance
| Item | What the text says |
|---|---|
| Muhammadan | Part VI does not apply (section 58(1)) |
| Hindu, Buddhist, Sikh, Jaina | Part VI does not apply, save as provided by section 57 (section 58(1)) |
| Will made before 1 January 1866 | Part VI does not apply (section 58(1)) |
| Wills in sections 57(a), (b), (c) | Only the sections listed in Schedule III apply, with the five restrictions |
| Marriage | Does not revoke such a will or codicil (proviso to section 57) |
A fresh example
Hari Prasad, an invented person and a Hindu, makes a will after 1 January 1927. Section 57(c) brings his will within the sections listed in Schedule III, if clauses (a) and (b) do not already do so. The list includes section 62, so he may revoke or alter the will while he is competent. Because section 69 is not in the list and the proviso to section 57 says marriage shall not revoke such a will, a later marriage by Hari does not revoke it. Restriction 1 means the will cannot give away property he could not have transferred in life. The example applies only the printed words.
Where the text is silent
- Schedule III says nothing about Muhammadans, whom section 58 leaves outside Part VI altogether.
- The text does not define "Hindu", "Buddhist", "Sikh" or "Jaina" in these sections.
- It prints no procedure for proving such a will; the sections that apply are the listed ones.
Later amendments
The copy consulted is an unofficial print showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002). Later amendments should be checked.
Need help with a Hindu family's will and property?
A will by a Hindu sits at the meeting point of Schedule III, the family's own property arrangements and a separate law on inheritance. Our HUF advisory page explains how a family unit is looked at alongside a will.
Key takeaways
- Part VI does not apply to Muhammadans, nor to Hindus, Buddhists, Sikhs or Jainas save as section 57 provides.
- Section 57 applies the Schedule III sections to three classes of wills.
- Marriage does not revoke such a will or codicil.
- Schedule III has five restrictions, including one on the words "than by marriage or" in section 70.
- Sections 60, 65 to 67, 69, 72, 91 to 94, 97, 99, 100, 118 and 191 are not in the Schedule III list.
Read next
- Sections 60-62: testamentary guardian, will obtained by fraud or coercion, and right to revoke
- Sections 54-56: Parsi intestate without lineal descendants and Schedule II
- Sections 64-68: incorporation of papers and gift to an attesting witness
- Advantages and disadvantages of HUF
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.