free will and accord. He pleaded that there was
a reference in the said Will to an earlier Will dated 22.10.1992
and thus urged there ... make this
as my last Will and Testament to operate after my
death. I made one Will on 22.10.92 earlier which
signing the will he had not
read the will. Late Shri Bhikhu Ram Gupta had told him that he had
prepared a will ... executed a will dated 06.03.1992.
However, during his last days Shri Bhiku Ram
Gupta executed another will dated 21.09.1998,
thereby revoking the earlier will dated
administration on the earlier Will. Unless, the due execution and contents of the said Will by which the earlier Will is stated to have been ... main purpose to establish that the said Will is the last Will which cancels the earlier Will and the said purpose is not merely collateral
Will is a registered Will, it will not by itself be
sufficient to dispel all suspicious regarding the validity of
the Will where suspicious exist ... reasons to disbelieve the Will propounded by the respondent. More so, the
non production fo the Will in the earlier civil litigation between the parties
signing the Will dated 3.5.1988. Further the Will
dated 3.5.1988 is duly registered which means that the parties have signed
the Will in presence ... aware about the earlier Wills as in Will
Ex.PW5/2A she has specifically given the details of earlier Wills and
stated that
Whether on 10.2.92 Hari
Shanker executed a Will superseding the earlier
Will dated 9.6.89 and bequeathed his property only
to defendant Mahesh Kumar ... earlier Will
was cancelled is also not relevant because once the execution of the second
Will is held as duly proved, the earlier Will automatically
bequeath the suit property to Sringeri Mutt but the alleged Will is otherwise. The earlier portion of the alleged Will shows that the suit property ... aggregate sum of Rs.6,33,885/-. The original Will was the Last Will and testament of the deceased K.Ramalakshmi and that the same
Ramachandran executed a Will dated 18.01.1987 revoking his earlier Will dated 28.06.1986 and appointed Thiru.N.C.Raghavachari, Senior Advocate as the first executor ... leaving a Will dated 18.01.1987 as his last Will and testament. In fact, late Dr.M.G.Ramachandran wrote an earlier Will
contents of the first Will then she express her desire
for the execution of another Will and revoke the earlier
Will dated 19.01.1989 and executed ... executed a second Will by revoking the Will dated
19.01.1989, it can not be said that the execution of second Will is
under suspicious circumstances
Will is a later
Will by the same maker as compared to the Will propounded by the
objector.
33. The matter involving two Wills ... earlier Will.
36. In the case on hand, position is that both Wills of Shri
Suraj Mal i.e. the Will dated
