will not support the respondents to dicharge their burden to establish the execution of the will and codicil by the testatrix.
13. The onus lies ... wanted to execute another will altering the will dated 20.10.1949. Again the rights given under the will and codicil had been altered by the testatrix
class of the will specified in Section 57(1) comprises (a) all wills and codicils made by any Hindu on or after September ... codicil is part of the will. But it is obvious from the classification of wills and codicils in Section 57(1) , clauses
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
Will Ex.P1 was a registered Will and the original Will had been produced in the court. In the said Will, the Testatrix ... necessity to execute a Codicil and since the other terms of the Codicil were the same as that of the Will Ex.P1, there
Will Ex.P1 was a registered Will and the original Will had been produced in the court. In the said Will, the Testatrix ... necessity to execute a Codicil and since the other terms of the Codicil were the same as that of the Will Ex.P1, there
about the existence of the alleged Will since 1970,
would only reinforce the suspicion over the Will and Codicil. Therefore, the
argument of the learned ... witness to prove the Will. Thus, we are of the firm view that
the Will dated 20.01.1961 and the Codicil dated 01.05.1961 are not genuine
execution of the will and one of the attesting
witnesses was examined. Hence, the genuineness of the will and codicil were duly
proved ... attesting witness of the codicil categorically deposed that the
executor signed the codicil in his presence and he attested the codicil along
with another person
beneficiaries under the Will. The petition has been filed, seeking to prove the
Will and Codicil of late W.S.Shanthi Devi and Probate ... execution of the Codicil. The defendants have also
stated that both the witnesses to the Codicil are willing to depose before the
Court about
beneficiaries under the Will. The petition has been filed, seeking to prove the
Will and Codicil of late W.S.Shanthi Devi and Probate ... execution of the Codicil. The defendants have also
stated that both the witnesses to the Codicil are willing to depose before the
Court about
beneficiaries under the Will. The petition has been filed, seeking to prove the
Will and Codicil of late W.S.Shanthi Devi and Probate ... execution of the Codicil. The defendants have also
stated that both the witnesses to the Codicil are willing to depose before the
Court about
