Testamentary Succession in India: Rules, Reach, and Restrictions
Hindu, Buddhist, Sikh, and Jaina Wills under Section 57
General Application and Exclusions under Section 58
By Vishwas Kumar
New Delhi: April 17, 2026:
Testamentary succession—the passing of property through wills—forms a crucial part of inheritance law in India. The Indian Succession Act, 1925, lays down the framework for how wills are recognized, enforced, and limited. Two key provisions, Sections 57 and 58, define the scope of testamentary succession for Hindus, Buddhists, Sikhs, and Jainas, while also clarifying exclusions for other communities such as Muslims.
Section 57: Special Application to Hindu, Buddhist, Sikh, and Jaina Wills
Section 57 is a cornerstone provision that specifies when and how the rules of testamentary succession apply to wills made by Hindus, Buddhists, Sikhs, and Jainas. It divides applicability into three categories:
- Territorial Scope (Clause a):
Wills and codicils made by these communities after September 1, 1870, within the territories under the Lieutenant-Governor of Bengal or within the original civil jurisdiction of the High Courts of Madras and Bombay fall under the Act. This territorial limitation reflects the colonial legal framework, where certain regions were brought under uniform succession laws earlier than others. - Property Location (Clause b):
Even if such wills are made outside these territories, they are governed by the Act if they relate to immovable property situated within those territories. This ensures that property within Bengal, Madras, or Bombay is consistently regulated, regardless of where the will was executed. - Extended Application (Clause c):
From January 1, 1927, the Act applies to all wills and codicils made by Hindus, Buddhists, Sikhs, and Jainas, even beyond the earlier territorial restrictions. This marked a significant expansion, bringing uniformity across India.
Importantly, Section 57 includes a proviso: marriage does not revoke such wills or codicils. This is a departure from English law, where marriage traditionally revoked a will, and reflects the Indian legislature’s sensitivity to local customs.
A notable judicial interpretation is found in Ganga Vath Lallu v. Ganga Vathi Tulsi (AIR 2001 AP 326), where the Andhra Pradesh High Court clarified that the territorial prohibition under Section 213(1) does not apply to wills executed by Hindus concerning properties situated within the state. This reinforced the principle that Hindu wills enjoy broader recognition within India.
Section 58: General Application and Exclusions
Section 58 sets out the broader framework of testamentary succession:
- Exclusion of Muslims:
The provisions of this Part do not apply to testamentary succession of Muslims. Muslim succession continues to be governed by personal law (Shariat), which has its own rules regarding wills and inheritance. - Exclusion of Certain Hindu, Buddhist, Sikh, and Jaina Wills:
Except as provided under Section 57, wills made by these communities are not covered. This means that unless the conditions of Section 57 are met, their wills fall outside the ambit of the Act. - Temporal Limitation:
Wills made before January 1, 1866, are excluded. This cutoff date reflects the historical evolution of succession law in India, ensuring that only modern wills fall under the statutory framework. - General Applicability:
Subject to these exclusions, the provisions of this Part constitute the law of India applicable to all cases of testamentary succession. This establishes the Indian Succession Act as the default legal framework for wills, except where personal laws or special provisions intervene.
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Analytical Observations
- Dual Framework: The law creates a dual framework—personal laws for Muslims and statutory law for others, with special carve-outs for Hindus, Buddhists, Sikhs, and Jainas.
- Historical Evolution: The staggered application (1870, 1927) reflects colonial attempts to unify succession laws gradually.
- Judicial Clarification: Courts have played a vital role in interpreting territorial restrictions, ensuring that the law adapts to modern realities.
- Policy Sensitivity: The non-revocation of wills upon marriage shows legislative sensitivity to Indian social practices, diverging from English precedent.
In essence, Sections 57 and 58 highlight the balance between uniform statutory law and respect for personal religious traditions. They remain central to understanding how testamentary succession operates in India today.
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TESTAMENTARY SUCCESSION
CHAPTER I
Introductory
[1][57. Application of certain provisions of Part to a class of wills made by Hindus, etc.—The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply—
(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant- Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and
(b) to all such wills and codicils made outside those territories and limits so far as relates to Immovable property situate within those territories or limits, [2][and
(c) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b):]
Provided that marriage shall not revoke any such will or codicil.]
COMMENTS
Territorial Prohibition under section 213(1) is not applicable in case of Wills executed by Hindus in case of properties situated within the state; Ganga Vath Lallu v. Ganga Vathi Tulsi, AIR 2001 AP 326.
58. General application of Part. —
(1) The provisions of this Part shall not apply to testamentary succession to the property of any Muhammadan nor, save as provided by section 57, to testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will made before the first day of January, 1866.
(2) Save as provided in sub-section (1) or by any other law for the time being in force the provisions of this Part shall constitute the law of [3][India] applicable to all cases of testamentary succession
FAQ: Testamentary Succession under Sections 57 & 58
Q1. Do the provisions of the Indian Succession Act apply to Muslim wills?
No. Testamentary succession for Muslims is governed by Muslim personal law (Shariat), not the Indian Succession Act.
Q2. When did the Act start applying to Hindu, Buddhist, Sikh, and Jaina wills?
Initially from September 1, 1870, but only in Bengal, Madras, and Bombay jurisdictions. From January 1, 1927, it applied more broadly across India.
Q3. Does marriage revoke a will under Indian law?
No. Unlike English law, marriage does not revoke wills made by Hindus, Buddhists, Sikhs, or Jainas under Section 57.
Q4. What happens if a Hindu makes a will outside Bengal but owns property in Bengal?
The will is governed by the Act as long as it relates to immovable property situated within Bengal, Madras, or Bombay jurisdictions.
Q5. Are wills made before January 1, 1866 valid under the Act?
No. The Act does not apply to wills made before that date.
Q6. What did the Ganga Vath Lallu v. Ganga Vathi Tulsi case decide?
It clarified that territorial prohibitions under Section 213(1) do not apply to Hindu wills concerning property situated within the state, reinforcing broader applicability.
Q7. What is the general rule of Section 58?
Except for exclusions (Muslims, certain Hindu wills, and pre-1866 wills), the provisions of this Part form the law of India for testamentary succession.
This framework shows how Indian succession law balances statutory uniformity with respect for diverse religious traditions, ensuring clarity while preserving cultural practices.