were appointed as Executors
under the Will are the propounders of the Will and
Codicil and have actively participated and in collusion
with first family ... have brought about the Will.
(d) The nature of the disposition under the Will
and the Codicil is suspicious. The Defendant
that she got the WILL prepared through
an advocate. Per contra, there is no endorsement in the alleged
WILL and Codicil to the effect that ... draft and he read over the WILL to
Gangamma. There is no endorsement in the WILL and Codicil to
the effect that DW-2 read
plaintiff.
Thus, all family settlement deeds, Will executed by
father of the plaintiff, Will and Codicils executed by the
mother of the plaintiff in respect ... already covered
under the Will, executed by the parents of the plaintiff and
defendants and said Will and Codicils are subjected to
Probate Proceedings, said
surrounding circumstances in which the Will has come
into existence etc., and also interpretation of the Will and
Codicil. In the present suit, both plaintiff ... given effect similar to Will and all the rules
applicable to Will apply to Codicil also and both are to be
considered together
execution of registered codicil dated
25.6.1997 and accordingly, Janardhan had executed another
registered codicil dated 31.3.2000, effecting certain changes to the Will
dated 25.9.1995. There ... this
codicil dated 31.3.2000. He wanted to clear terms pertaining to his
disposition and accordingly, executed registered codicil dated
31.3.2000. During the said codicil
Will, but as seen from the unmarked Will, it is only
draft of the Will. Therefore the said draft of the Will has been ... codicil is dated 29.4.2002. As seen
from the codicil there is recitals in the said codicil regrading
the execution of the Joint Development Agreement dated
Nanjaiah has executed a Will dt.16.8.2002 and
modification was made in the said Will as per codicil
Ex.D6. So therefore ... dated 3.10.2003 to the Will
dated 16.8.2002.
Ex.D7 Original Registered Will.
Ex.D8 Copy of the codicil to will dated
Thereafter, M.R.
Thimma Shetty has registered codicil Will on 10-01-
2008 by correcting the boundary of the property allotted ... plaintiff on 07-06-2007 and he has also
executed registered codicil Will on 10-01-2008
bequeathing 'A' schedule property in favour
dated 12.06.1985.
Smt.Sethu Bai had acquired the property under a Will
and Codicil dated 8.10.1976 and 7.03.1978 a bequest
by her father. Accordingly ... done after three years. Now,
the attesting witnesses to the Will, Codicil and gift
appear to be one and the same, but the witnesses
time of executing the Will?
(4) Whether any suspicious circumstances exist
surrounding the execution of the Will?
(5) Whether the Will has been executed ... witnesses is examined to prove the Will or not.
17) On perusal of Will dated 06.03.1994 and
codicil dated 03.11.2000 marked