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Section 58: General application of Part

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 57 All 391 Sections of Indian Succession Act Section 59

Legal Commentary & Landmark Judgments: Section 58

Section 58 defines the general scope and application of Part VI (Testamentary Succession), establishing the universal baseline for will execution and construction across India.

  • Universal Baseline of Testamentary Law: Part VI provides the substantive and procedural rules governing the execution, revocation, construction, and validity of all wills in India.
  • Application to Hindus via Schedule III: Applies to wills executed by Hindus, Buddhists, Sikhs, and Jains to the extent specifically incorporated by Section 57 and Schedule III of the Act.
  • Exclusion of Muslim Wills: Muslim wills (wasiyat) are excluded and remain governed by classical Mohammedan personal law, subject to statutory limits on bequeathable third.
Key Landmark Precedents:
  • Clarence Pais v. Union of India (2001) 4 SCC 325: The Supreme Court affirmed that Part VI provides a structured national framework for testamentary dispositions, harmonizing uniform execution rules with personal law nuances.
  • Kalyan Singh v. Chhoti (1990) 1 SCC 266: Emphasized that testamentary succession under Part VI requires strict proof of the testator's sound disposing mind and due execution.
Courtroom Practice & Strategic Litigation Guidance:

When drafting or challenging a Hindu will, counsel must cross-reference Section 58 with Section 57 and Schedule III; provisions of Part VI that are not included in Schedule III (e.g. restriction on bequests to religious uses under Section 118) have no application to Hindu wills.

Section 57 All 391 Sections of Indian Succession Act Section 59