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 ... whether
the Will in question was a joint will only or a joint and
mutual Will.
Theobald on 'Wills', Twelfth Edition, pages
Will but it was held that the Will in question was only a joint Will and not a mutual Will. If the statement ... decisions regarding joint and mutual Wills. The learned Judges have taken the view that in order to make the joint mutual Will irrevocable
Endowments Act, 1959 ?
Whether the Will dated 27.9.1968 was a joint Will or a joint and mutual
Will, irrevocable after death ... concept of joint & mutual
wills. 'Theobald' on Wills 19th Edition (Sweet & Maxwell) has defined joint
Will and mutual Will in para
Priyamvada Devi Birla (Since Deceased) vs Madhav Prasad Birla (Since Deceased) on 11 March, 2005
Mrs Leena Rego vs Smt Laura on 12 November, 2021
IN THE HIGH COURT OF
difference between 'joint Wills' and 'mutual Wills' as under:
"Joint Wills.-- Persons may make joint Wills, which are, however, revocable ... following observations on the joint Will and mutual Will:
"Joint Will.-- A joint Will is a Will made by two or more testators contained
learned author described the mutual Will and the joint Will as under:
"(300.018) Mutual Will: A Will is mutual when two testators confer
upon ... difference between ' joint
Wills' and 'mutual Wills' as under:
"Joint Wills:- Persons may make joint Wills, which are, however,
revocable
2016 Page 17 of 37
joint Will or mutual Wills; (f) mutual Wills may be contained in a joint Will
or in separate documents ... agreement, upon
trust to perform the contract; (h) a joint mutual Will, becomes irrevocable on
the death of one of the testators, if the survivor
Krishna Kumar Birla vs Rajendra Singh Lodha & Ors on 31 March, 2008
Bench: S
legacy bequeathed to him by the will.
3. Now if the testatrix's will is irrevocable, and that is the view taken ... joint will may be made to take effect after the death of both testators; and if the joint will is not a disposition by each
