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    Question

    Under Section 59 of the Indian Succession Act, 1925,

    testamentary capacity requires the testator to be:
    A Of sound mind at time of execution only Correct Answer Incorrect Answer
    B Of majority age with sound mind Correct Answer Incorrect Answer
    C Able to understand will nature, property extent, and just claims Correct Answer Incorrect Answer
    D Free from undue influence only Correct Answer Incorrect Answer
    E All of the above Correct Answer Incorrect Answer

    Solution

    Section 59 of the Indian Succession Act, 1925 mandates comprehensive testamentary capacity: (1) sound disposing mind, (2) comprehension of will's nature/effect, (3) knowledge of property nature/extent, (4) awareness of moral claims upon testator, and (5) absence of disorderly affections clouding rational judgment. This multi-factor test prevents improvident dispositions.

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