counsel
submitted that revocation of grant will operate
prospectively and such revocation will not annul the
intermediate act of disposition by defendant ... revoked under section 263 the revocation operates
prospectively; that on revocation parties are given an
opportunity to prove the will afresh. To the same effect
execution of the will are suspicious.
(4) Probate was obtained by defective procedure.
(5) The will is not genuine.
Those grounds will naturally have ... will. If the property was not Rami Bibi's, she could not dispose it of by her will. In spite of her will
Will will naturally not arise.
21. Therefore, it is settled law that a will could be revoked. The " mode of revocation of will ... deed of cancellation of will is placed on parwith due execution of the will. Therefore, the said deed of revocation also should be duly signed
ipso facto
attract the presumption of revocation by destruction. The act of revocation
of the Will by the Testator/Testatrix is strictly governed by Section ... plea and
particulars of the revocation in the objections, the question/issue of
revocation will not otherwise arise for adjudication in these proceedings
Anil Chandra Sarkar are the issues raised in
connection with revocation of the Will alleged to have been executed by Anil
Sarkar.
The trial court ... claim citation and then put an assault on the
alleged Will. In a revocation application while deciding the legal requirement
of citation upon heirs
just cause for revocation, that must be considered by the revocation court, the onus being on the applicant for revocation to prove his case ... Administration, which will now te started by the learned District Judge, the court below will pay particular attention and will have due regard
draft will as also the impugned will
Durga Prashad was constituted as the executor of
the will.
We will develop these features a little later ... such
presumption will depend upon the character of the
custody which the testator had over the will. In
England wills are usually deposited either
mode of revocation of the Will. Williams on Wills, Volume I, Fifth Edition, at page 136 states :--
"A Will or Codicil is not destroyed ... contention that the testatrix executed any Will after 1974. Therefore, the Will of 1974 even if revoked, the revocation failed and hence it must
Will is a joint Will or a joint and mutual Will. According to appellant,
the Will is a joint will, which is revocable by testatrix ... joint & mutual
wills. 'Theobald' on Wills 19th Edition (Sweet & Maxwell) has defined joint
Will and mutual Will in para
Will. Two of the attesting witnesses to the Will, viz., Parbati Charan Datta and Ram Gropal Ghosh were examined to prove the Will and Probate ... application for revocation. Then when Haramoni six years afterwards applied for revocation, they had another opportunity of proving the Will, but they avoided
