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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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