Rajagopal was
appointed as executor of the said Will. The said Will and Codicil were
deposited by Balammal during her life time before ... claimed any rights on the basis of the Will. The original Will and Codicil are
not before the Court. No evidence was adduced to show
them issue Nos.1, 8 & 9 relating to
validity of Wills and Codicils, read as under:
"1. Whether the natural guardian ... suit proceedings the essential dispute
relates to the validity of Wills & Codicils; as already
mentioned above, on account of the contest, the probate
proceedings
Roman word
'Codicillus' meaning an informal Will. A Court will admit to probate a Codicil
which is duly attested and treat ... manner in which a Codicil
is required to be executed. However, since a Codicil is akin to a Will and generally
is executed to alter
restrictions and modifications
specified therein, apply--
(a) to all Wills and codicils made by any Hindu,
Buddhist, Sikh or Jaina on or after the first ... Will or on whether
the Will is valid or not on whether it was executed by the
deceased, Sashi Bhusan Das and whether the Will
restrictions and modifications specified therein, apply -
(a) to all Wills and codicils made by any Hindu, Buddhist,
Sikh or Jaina on or after the first ... Judicature at Madras and Bombay; and
(b) to all such Wills and codicils made outside those
territories and limits so far as relates to immovable
executing a new Will. They would therefore
submit that in view of the subsequent Will, the earlier Will in respect of
which the suit ... which is the Will dated
02.06.1986 and Ex.D.2 the Will / Codicil of the Testator P.V.Prabhakaran
Nair. He would also inform
suit property.
3.1 Furthermore, this affidavit will clearly state that notwithstanding the
Will dated 23.10.2019 or the Will/codicil dated 25.08.2019, defendant ... property"]. The
plaintiff will be the beneficiary of this Will. Mrs. Saroj Khosla will file
an affidavit whereby she will aver that she seeks
defendants 1, 2 and 4 have pleaded
about execution of the Will, Codicil and Family
Arrangement Deed executed by deceased M.
Nanjundappa and self-acquisition ... defendant No.3 will not get any right over the said
property on the basis of the Will and codicil executed by
M. Nanjundappa. Therefore
Will dated 30.01.1935 which was followed up
by a codicil dated 19.12.1935 and the said Will was probated . As
per the Will, the wife ... both the parties
are claiming title under Ex.P1- Will dated 30.01.1935 and Codicil
dated 19.12.1935 and the said Will was also probated under
ultimate beneficiary, was not revoked by the Will dated
31.12.1973. He also contended that the subsequent Will
was devised by Thippanna so as to cover ... subsequent will revoked
the earlier will of Thippanna.
51. A Will can be revoked by the execution of
another Will or Codicil or by some
