Kerala High Court upholds the automatic revocation of a Christian's will on marriage

13 October 2026

A Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar upheld the constitutional validity of Section 69 of the Indian Succession Act, 1925.
Section 69 provides that a will is revoked by the maker's marriage, except a will made in exercise of a power of appointment in the circumstances the section specifies.
The provision does not apply to Hindus, Buddhists, Sikhs and Jainas, and the reference asked whether its restriction to Christians, Parsis and Jews violated Part III of the Constitution.
The Court held the classification was reasonable and had a nexus with the object sought to be achieved, and rejected the challenge under Articles 14 and 15.
The Court said the object of Section 69 is to protect the new family, and that the Hindu Adoption and Maintenance Act sufficiently takes care of that obligation for Hindus.
It also held that Section 69 does not conflict with Section 20 of the Act, as it neither creates an interest in a spouse's property upon marriage nor restricts the power of disposal.
The matter came before the Court as a suo motu civil reference with connected proceedings.