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It is evident from the aforesaid that property in species, in specific proportion, was intended to be preserved and enjoyed by the ultimate legatee on the death of the survivors.
In Kuppuswamy Raja v. Perumal Raja (supra), it was observed that a joint will is by a single testamentary instrument containing the wills of two or more persons and jointly executed by them, while mutual wills, are separate wills of two or more persons which are reciprocal in their provisions and executed in pursuance of contract or agreement between two or more persons to dispose of their property to each other to third person in particular mode or manner. Mutual wills as distinguished from joint wills are sometimes described as reciprocal wills. In describing a will, the adjective mutual or reciprocal is used to denote the contractual element which distinguished from a joint will. It was stated therein by the Division Bench of the Madras High Court that joint will would become irrevocable on the death of one of the testators if the survivor received benefit under the will. The Court emphasised referring into certain decisions of this court that a joint will would become irrevocable on the death of one of the testators if the survivor has received benefit under the mutual will. There need not be any specific contract prohibiting evocation when the agreement took the form of not two simultaneous mutual wills but one single document. If one single document was executed using the expression 'our property', 'our present wishes', and 'as will' and such similar expressions, it was strong cogent evidence of the intention that there was no power to revoke except by mutual consent.

But after the death of the first one without revoking his or her own will makes the joint will irrevocable by the survivor (See Theobald (supra). But there must be an agreement that the wills would not be revoked after the death of one of the executants or disposition will not be made contrary to the will after the death of one of the executants. Such an agreement may appear from the will or may be proved outside the will but that is not established by the mere fact that the wills are in identical terms. If such an agreement is shown, each party remain bound.