Central · Act 39 of 1925

Section 65 — Privileged wills.

The Indian Succession Act, 1925

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Any soldier being employed in an expedition or engaged in actual warfare, 1[or an airman so employed or engaged,] or any mariner being at sea, may, if he has completed the age of eighteen years, dispose of his property by a will made in the manner provided in section 66. Such wills are called privileged wills.

Illustrations

(i) A, a medical officer attached to a regiment is actually employed in an expedition. He is a soldier actually employed in an expedition, and can make a privileged will.

(ii) A is at sea in a merchant-ship, of which he is the purser. He is a mariner, and, being at sea, can make a privileged will.

(iii) A, a soldier serving in the field against insurgents, is a soldier engaged in actual warfare, and as such can make a privileged will.

(iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she is lying in harbour. He is, for the purposes of this section, a mariner at sea, and can make a privileged will.

(v) A, an admiral who commands a naval force, but who lives on shore, and only occasionally goes on board his ship, is not considered as at sea, and cannot make a privleged will.

(vi) A, a mariner serving on a military expedition, but not being at sea, is considered as a soldier, and can make a privileged will.

Source footnotes

1. Ins. by Act 10 of 1927, s. 2 and the First Schedule (w.e.f. 4-4-1927).

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Next · Section 66Mode of making, and rules for executing, privileged wills. →All sections / सभी धाराएँThe Indian Succession Act, 1925 →
More sections of this actSection 1 · Short title.Section 2 · Definitions.Section 3 · Power of State Government to exempt any race, sect or tribe in the State from operation of Act.Section 4 · Application of Part.Section 5 · Law regulating succession to deceased person’s immoveable and moveable property, respectively.Section 6 · One domicile only affects succession to moveables.Section 7 · Domicile of origin of person of legitimate birth.Section 8 · Domicile of origin of illegitimate child.
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India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2026-01-12. Check the linked official text and subsequent notifications when applying a provision.

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