bequest will take effect only after the life time of both the
testators, cannot operate. But for clause 15 in Ext.A1 Will
Sarasamma ... mutual will, then the will becomes irrevocable on the death of
one of them. Ext.A1 Will being a joint will it became
irrevocable
year 1959 which proceedings
were under the old Act. A co-joint reading of the clause 21.6, 21.7
and 21.8 of the SHA clearly show ... binding in all
eventualities between the parties; parties had given an irrevocable
consent to the SHA and no party was entitled to withdraw such
properties paying the tax etc. While so,
defendants 1 and 3 jointly executed Ext.A3 gift deed dated 27-
12-1977 gifting ... will
not affect the right and title of the minor plaintiffs in whose
favour Ext.A3 gift executed by defendants 1 and 3 jointly
have perused the documents viz. the agreement to
sell, power of attorney, irrevocable Power of Attorney etc.
on the basis of which Mr. Nayar wants ... manage and look after the property was given by
him. The alleged irrevocable Power of Attorney is not a
registered power of attorney. Even
irrevocable. Relevant observations of the Hon'bls Supreme Court are as follows:-
" From the analysis of the Section, it will be apparent that ... with the petition. The spouse may not be a party to the
joint motion under sub-section (2). There is nothing in the Section
which
select the course of their choice. A choice,
once confirmed, shall be irrevocable and no change whatsoever
shall be permitted. However, he/she can submit ... offered to them at the time of counseling will be
required to submit a declaration jointly with their parent/guardian
to the effect that they
select the course of their choice.
A choice, once confirmed, shall be
irrevocable and no change whatsoever shall
be permitted. However, he/she can submit ... offered to them at
the time of counselling will be required to
submit a declaration jointly with their
parent/guardian to the effect that they
property i.e. on a plot of land measuring 40 sq. yards
jointly to Shri Ram Ashrey and Shri Sant Ram (both real brothers ... Yadav allegedly executed an irrevocable
General Power of Attorney; a valid receipt for Rs.30,000/- and a
registered Will in favour
property i.e. on a plot of land measuring 40 sq. yards
jointly to Shri Ram Ashrey and Shri Sant Ram (both real brothers ... Yadav allegedly executed an irrevocable
General Power of Attorney; a valid receipt for Rs.30,000/- and a
registered Will in favour
Rule 8 CPC to produce original will of 1987 but plaintiff did not
produce that will and adverse inference should be taken against the plaintiff ... suit
property on the basis of documents like irrevocable GPA, Sale Agreement,
Affidavit, Receipt and Will executed by Smt. Amrit Kaur in his favour
