Executors in the Will filed a petition (733/07) in this Court interalia
praying for probate of the said Will and codicil. Item ... trustees, petitioners will have to file a separate suit.
It is submitted that other legatees under the Will and Codicil have not come
forward before
last will & testament. The effect of this third will therefore was to revoke all the earlier wills & codicils which she had made ... when this codicil, viz., the third codicil, was revoked, not only was that codicil revoked but also were revoked therewith the second will
Petition. They said Bharatiben left a Will dated 26th
March 2001 ("the Will") and a Codicil dated 24th June 2002 ("the
Codicil ... Will are the same, that due execution
and attestation of the Will stand proved? If the Will is unproved, the
Codicil cannot stand
January 1968, the first codicil dated 3rd November 1970 and his second codicil dated 14th May 1974. The said third codicil was executed ... make the Will in place of the testator. The Court is required to scrutinise such a Will with greater care. A Will not making provision
codicil was concerned. The codicil begins by saying that this is the codicil to the last will and testament; then the date of the will ... codicil forms part of the will, and the revocation of the will is tantamount to the revocation of the codicil. Another case relied
said Will dated 25 th August,2015 and
15th September,2015 respectively. No executor was appointed under
the said Will and Codicil by the said ... purported Will on January 2016 or until January
2018. He submits that though the petitioner was fully aware of the
Will, Codicil and grant
executors in
the will dated 26.4.1990 was a sitting Judge of Bombay
City Civil Court when the earlier will and codicil were
executed ... said deceased had
read the will and had suggested correction in the will
and accordingly the said codicil was drafted by the
plaintiffs
Petition. They said Bharatiben left a Will dated 26th
March 2001 ("the Will") and a Codicil dated 24th June 2002 ("the
Codicil ... Will are the same, that due execution
and attestation of the Will stand proved? If the Will is unproved, the
Codicil cannot stand
time of execution of the will.
(iii ) The authenticity of the signature of deceased on the alleged will and
codicil is disputed ... date of execution of the will and the date of his death
about the will and codicil. He was not even upset when he came
Last Will and Testament dated 23.03.2023
appears to be completely different than the signature on the Will dated
18.12.2015 and the 4 Codicils. The said ... propounded Will dated 23.03.2023 as compared to the name written
in the Will dated 18.12.2015 and the 4 Codicils virtually gives away
the case
