since" in
section 29 - Joint will and mutual will - Conditions
necessary to render mutual will irrevocable - The theory of
contemporaneous exposition and construction ... manner.
Mutual wills as distinguished from joint wills are sometimes
described as reciprocal wills. In order to render mutual
will irrevocable,
97
both the conditions
lease hold properties executed mutual Wills in 1907, the arrangement between them being that those Wills were to be irrevocable. After the death ... Will but it was held that the Will in question was only a joint Will and not a mutual Will. If the statement
mutual Will but a joint Will and
after the death of Palaniappa Chettiar the Will became irrevocable.
(E) The trial court further held that Will ... Endowments Act, 1959 ?
Whether the Will dated 27.9.1968 was a joint Will or a joint and mutual
Will, irrevocable after death
obvious that the document was irrevocable, and, the irrevocability of a document is perfectly inconsistent with its being a will. In support of his contention ... will. A testamentary intention, therefore, is ambulatory till death and a will is in its nature a revocable instrument. The making of a will
legacy bequeathed to him by the will.
3. Now if the testatrix's will is irrevocable, and that is the view taken ... performance of the funeral ceremonies. If, therefore, the disposition under the will is irrevocable he is entitled to recover this
executed mutual Wills, both dated 10th May, 1981. On 13th July, 1982 by consent they revoked the said mutual Wills but agreed once again, each ... public charities as ultimate beneficiary and those Wills made pursuant to such agreement would be irrevocable and would remain unaltered. He says
will is of its own nature revocable, and therefore though a man
should make his testament and last will irrevocable in the strongest
and most ... Coke 82 (a). "If I make my testament and
last will irrevocable, yet I may revoke it for my act or my words
cannot
tract, for the will of the one who has died first has, by the death, become irrevocable. The question which now arises to be considered ... relevant cases, it will be clear that under the English law in order to render mutual wills irrevocable, both the conditions must be concurrently satisfied
Krishna Kumar Birla vs Rajendra Singh Lodha & Ors on 31 March, 2008
Bench: S
Attorney.
(vi) Will.
4. The agreement to sell, receipt, affidavit, indemnity bond
and will are in favour of Mohinder Kaur whereas irrevocable
General Power ... favour.
(iii) The plaintiff admitted agreement to sell, will, affidavit,
indemnity bond and irrevocable General Power of Attorney
dated 5th June, 1989 marked
