Inder Chand Nayyar vs Sarvadeshik Arya Pratinidhi Sabha And ... on 22 April, 1976
Till alive, the testator can always revoke the will because a will is an instrument of trust by a living person addressed in rem to be operative after his death. A will, be it registered or be it unregistered can be revoked by defacing the will, destroying the will or otherwise superseding the same. The second ground of challenge is equally frivolous because under Section 232 of the Indian Succession Act, 1925, on proof of a will the beneficiaries would be entitled to letters of administration with the will annexed. The decision cited on the point by Shri J.N. Aggarwal, learned Counsel for the appellant, namely, Inder Chand Nayar v. Sarvadeshik Arya Pratinadhi Sabha and Anr. if carefully read, holds against the appellant. Paras 8 and 9 of the said decision reveal that a beneficiary under a Will can be granted the letters of administration with will annexed. Para 11 and 12 of the decision shows that after holding that letters of administration with will annexed can be granted to a beneficiary, the Court further considered whether letters of administration can be granted to an association of individuals or not.