Sections 60-62 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.
Sections 60 to 62 sit between the section on who can make a will and the section on how an unprivileged will is executed. Section 60 lets a father appoint a guardian for his child by will. Section 61 says a will, or any part of one, whose making was caused by fraud, coercion or importunity of a certain kind is void. Section 62 says the maker may revoke or alter a will at any time while he is competent.
A father, whatever his age, may by will appoint a guardian or guardians for his child during minority (section 60). A will, or any part of it, caused by fraud or coercion, or by such importunity as takes away the testator's own agency, is void (section 61). The Act's illustrations separate that from ordinary persuasion and flattery, which do not make a will invalid. A will may be revoked or altered by the maker at any time when he is competent to dispose of his property by will (section 62). Section 59, on who is capable of making a will, has its own article.
Section 60: testamentary guardian
As per the text of the Act consulted, a father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority. The section has no illustration. The text does not say what a guardian's powers are or how an appointment is acted on, and this article does not supply them.
Section 60 is not in the list of sections that Schedule III applies to wills of Hindus, Buddhists, Sikhs and Jainas under section 57; see our article on sections 57 and 58. For who is capable of making a will at all, see our guide on testamentary capacity under section 59.
Section 61: fraud, coercion or importunity
A will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the testator's own agency, is void. Three points follow from the words:
- "Or any part of a will." The defect can void part of a will and leave the rest; the text does not say more about how the rest is treated.
- Cause. The test is that the making of the will, or of that part, was caused by fraud, coercion or importunity.
- Importunity. Only importunity of the kind that takes away the testator's own agency counts. The Act's illustrations show the line.
If a will is being challenged on these grounds, a legal dispute resolution review of the facts is the usual first step.
The Act's eight illustrations to section 61
- (i) Fraud. A falsely and knowingly tells the testator that his only child is dead, or that he has done some undutiful act, and so induces him to make a will in A's favour. The will has been obtained by fraud and is invalid.
- (ii) Fraud. A, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void.
- (iii) Imprisonment. A, a prisoner by lawful authority, makes his will. The will is not invalid by reason of the imprisonment.
- (iv) Coercion. A threatens to shoot B, or to burn his house, or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B makes the bequest. It is void, the making of it having been caused by coercion.
- (v) Control. A, being of sufficient intellect if undisturbed by the influence of others to make a will, is yet so much under the control of B that he is not acting on his own, and makes a will dictated by B. It appears he would not have executed it but for fear of B. The will is invalid.
- (vi) Feeble health. A, in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a will of a certain purport and does so merely to purchase peace and in submission to B. The will is invalid.
- (vii) Persuasion. A is in such a state of health as to be capable of exercising his own judgment and volition. B uses urgent intercession and persuasion to induce him to make a will of a certain purport. A, in consequence, but exercising his own judgment and volition, makes the will as B recommended. The will is not rendered invalid by the intercession and persuasion.
- (viii) Flattery. A, with a view to obtaining a legacy from B, pays him attention and flatters him and thereby produces in him a capricious partiality to A. B, in consequence, makes a will leaving a legacy to A. The bequest is not rendered invalid by the attention and flattery.
The pairing is useful: (vi) and (vii) have similar facts, but in (vi) the testator submits to pressure he cannot resist and in (vii) he acts on his own judgment. Illustration (viii) shows that attention and flattery alone do not void a bequest. Please note the illustrations are the Act's, with old language. For the same ideas in contract law, see our posts on coercion and undue influence under the Indian Contract Act, 1872; those posts concern contracts, and section 61 of this Act uses its own words.
Section 62: a will may be revoked or altered
A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will. Section 59 deals with who may make a will. This section does not say how a revocation is made; ways of revoking are in the sections that follow, including sections 69 and 70, which are explained in our guide on revocation by marriage and by act of parties.
At a glance
| Section | Rule | Illustrations |
|---|---|---|
| 60 | Father, whatever his age, may appoint a guardian or guardians for his child during minority by will | None |
| 61 | Will or part caused by fraud, coercion or importunity that takes away the testator's own agency is void | Eight: (i), (ii), (iv), (v), (vi) void; (iii), (vii), (viii) not invalid |
| 62 | Will may be revoked or altered at any time while the maker is competent | None |
A fresh example
Meena Sharma, an invented person, is elderly and in poor health. Her nephew Vikas visits daily, praises her, and brings gifts, hoping to be named in her will. Meena, thinking over his kindness, makes a will leaving him a legacy. On illustration (viii) the attention and flattery do not by themselves make the bequest invalid. If instead Vikas had falsely told her that her only daughter had abandoned her, and she made the will because of that statement, illustration (i) would call the will one obtained by fraud. The example only applies the Act's illustrations to invented facts.
Where the text is silent
- Section 61 does not say who must prove fraud, coercion or importunity, or how.
- It does not say what happens to the rest of a will when only a part is void.
- Sections 60 to 62 print no form, fee or procedure.
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 will that may have been procured by pressure?
Where a will is said to have been obtained by fraud, threats or pressure, the facts and the timeline matter more than the label. For a review of the documents and the available steps, see our legal dispute resolution page.
Key takeaways
- A father, whatever his age, may appoint a guardian for his child during minority by will (section 60).
- A will or any part caused by fraud, coercion or importunity that takes away the testator's own agency is void (section 61).
- Urgent persuasion, attention and flattery do not by themselves void a will (illustrations (vii) and (viii)).
- A will may be revoked or altered at any time while the maker is competent (section 62).
- Imprisonment by lawful authority does not invalidate a will (illustration (iii)).
Read next
- Sections 57-58: wills of Hindus, Buddhists, Sikhs and Jainas and Schedule III
- Sections 64-68: incorporation of papers by reference and gift to an attesting witness
- Legal declaration and animus testandi: the ingredients of a valid will
- Mutual wills, joint wills and other categories
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.