executed a Will on 11.02.1981.
14
Smt.Rangamma executed a Will on 11.02.1981 and
another will on 25.07.1983 and a Codicil on 07.12.1983.
14. Based ... execution and attestation of the will executed by
Moorthy Rao and the wills and codicils executed
by Rangamma. In this context, the court below
failed
executed a Will on 11.02.1981.
14
Smt.Rangamma executed a Will on 11.02.1981 and
another will on 25.07.1983 and a Codicil on 07.12.1983.
14. Based ... execution and attestation of the will executed by
Moorthy Rao and the wills and codicils executed
by Rangamma. In this context, the court below
failed
Will, cannot be excluded from the
proceedings that affect his right. Admittedly, the appellant
claims to be a legatee under the Will and the Codicil ... Neither the Will has been produced before this Court for
the Court to examine and hence his right under the Will or
Codicil
Will will naturally not arise.
21. Therefore, it is settled law that a will could be revoked. The " mode of revocation of will ... prescribed for execution of an unprivileged will equally applies to revocation of will. When once a Will is duly proved to have been executed
Will or with a copy of an authenticated copy of
the Will annexed.
(2) This Section shall not apply in the case of Wills made ... case of wills
coming under Section 57(c) of the Act. Section 57(c) of the Act
applies to all wills and codicils made
Probate proceedings is pending and the Will has been produced into the Court. The Will and six Codicils, prima facie, show that it is established ... Will, have renounced and the renunciation has also been communicated.
7. The 1st respondent has disputed the Will alleging that the Will and Codicils
executor willing to act within the State. Further Section 276 of the Act insists upon the original will and the codicils ... India will, when acting under Section 228 , grant administration without further proof of the will, whereas, on a Petition under Section 241 he will
against the respondents praying for grant of probate of the said will and codicil and that Court granted probate on the basis of the will ... codicil subsequently discovered vitally changes the will, the grant of the probate of the will and codicil together is in effect a new grant necessitating
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
petition in view of they claiming rights in terms of
Will and Codicil having come into existence after the
acquisition, learned Senior counsel submitted that ... maintain the Petition as they are claiming their
rights under the Will and Codicil allegedly executed
by the original Khatedar subsequent to acquisition.
That
