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Section 64: Incorporation of papers by reference

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 63 All 391 Sections of Indian Succession Act Section 65

Legal Commentary & Landmark Judgments: Section 64

Section 64 codifies the Doctrine of Incorporation of Papers by Reference, allowing an unexecuted document to be incorporated into a will if referred to with absolute clarity as an existing writing.

  • Existing Document Requirement: The paper, schedule, or list sought to be incorporated must be proven to have been in actual existence at the date the will was executed.
  • Explicit Reference in Will: The will must refer to the paper as an existing document in terms that leave no doubt as to its identity.
  • Probate Inclusion: Once incorporated under Section 64, the external paper forms an integral part of the testamentary disposition and must be admitted to probate with the will.
Key Landmark Precedents:
  • Singleton v. Tomlinson (1878) 3 App Cas 404: The House of Lords laid down the definitive test for incorporation by reference, followed universally in India: the document must be clearly identified and proven to have been in existence when the will was signed.
  • Bhadreshwar v. Subodh Chandra AIR 1946 Cal 298: Held that an unexecuted list of jewelry or assets cannot be incorporated under Section 64 if the will refers to it as a document to be drawn up in the future.
Courtroom Practice & Strategic Litigation Guidance:

When incorporating an asset list or trust deed by reference into a will under Section 64, ensure the will uses past tense ('as set out in the schedule dated [X] already signed by me') and preserve the original schedule physically attached to the will to prove contemporaneous existence.

Section 63 All 391 Sections of Indian Succession Act Section 65