A will stands revoked on its maker’s marriage under Section 69 of the Indian Succession Act, 1925, and the Kerala High Court has now held that this rule violates no fundamental right.
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Kochi: Answering both questions it had framed in the negative, the Kerala High Court has held that Section 69 of the Indian Succession Act, 1925, which revokes a will on the marriage of the testator, does not violate fundamental rights and does not conflict with Section 20 of the Act. The ruling came in a suo motu civil reference and connected matters. [Suo Motu Civil Reference v. Union of India & Ors.]
The reference was heard, along with W.P. (C) No. 27213 of 2017 and O.P. (C) No. 903 of 2026, by a Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar.
Two Questions For The Bench
The Court had to examine the validity of Section 69, under which wills are automatically revoked upon marriage. It framed two questions: whether the provision violates fundamental rights by applying restrictively to Christians, Parsis and Jews, and whether it conflicts with Section 20 of the Act.
No Conflict With Section 20
The argument of a conflict with Section 20 was rejected. Section 69, the Court held, creates no interest in the property of the spouse upon marriage. It gives the new family only a spes successionis, a bare hope of succession, as persons who would be the testator’s legal heirs.
Why John Vallamattom Did Not Help
John Vallamattom v. Union of India, where Section 118 of the Act was struck down, was distinguished. Section 69, the Court reasoned, does not limit a testator’s power to make bequests.
The testator is free to execute bequest in respect of his property anytime.
The Equality Challenge
On Article 14, the Court found the classification reasonable. It noted that the Hindu Adoption and Maintenance Act supplies Hindus the protection that Section 69 seeks to give to others. It also found no violation of Article 15.
Section 69 was accordingly upheld as constitutionally valid.
Case Details: Suo Motu Civil Reference v. Union of India & Ors., C.R. No. 1 of 2025, along with W.P. (C) No. 27213 of 2017 and O.P. (C) No. 903 of 2026
Appearances: Counsel who appeared included K. Shaj, Beena N. Kartha and Arun Chand; Varghese C. Kuriakose, P.J. Jose and Seenu Sadique; T. Krishnanunni, Senior Advocate, with K.S. Bharathan; and Resmi G. Nair, Special Government Pleader.
READ JUDGEMENT: Kerala High Court Judgment On Section 69 Of The Indian Succession Act