Kerala High Court upholds Section 69 of the Indian Succession Act, which revokes a Christian's will on marriage
13 October 2026
A Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar answered a suo motu civil reference on Section 69 of the Indian Succession Act, 1925.
Section 69 provides for automatic revocation of a will on the testator's marriage.
The court found no violation of Article 14 or Article 15 and no conflict with Section 20.
It noted Hindus are outside Section 69, since Section 57 says marriage does not revoke a Hindu will.
The court said the object is to protect the new family, and the testator remains free to make a bequest at any time.
In plain words
Suo motu reference Suo motu civil reference — A reference taken up by the court on its own motion.
Testator Testator — The person who makes a will.
Bequest Bequest — Property left to someone through a will.