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
servant. Under
the circumstances, late Jagdeo Prasad Shahi willingly and
deliberately executed the Will and Codicil in favour of his only
son and only grandson ... other witnesses on the Will. The entire Will
has been marked as Ext. F and the entire Codicil has been
marked
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
Will is alive and she being the owner of the property can at
any stage cancel the said Will and Codicil and execute any other ... Will and the testator is still alive and she being the owner of the property
mentioned in the Will and Codicil has a legal right
make a privileged Will."
"73. Revival of unprivileged will. -(1) No unprivileged Will or
codicil, nor any part thereof, which has been revoked ... Will, whereupon the previous Will stands revoked
whether or not the executant expressly revokes such previous Will. It is
also possible that the subsequent Will
Will
dated 05.5.2006. In this Will she had made no mention of the Will of their
father dated 10.10.1976 or of the codicil dated ... know about this Will dated 05.5.2006 the petitioner
questioned his brother about the Will dated 10.10.1976 and the codicil dated
14.10.1976 but he was again
Estate as recited in the Will.
3. The parties to the compromise affirm that the Will and Codicil of Mrs.Vijaya sadasivan are in full ... above will go to Mrs.Chitkala Govindaswamy, 25% will go to Mrs.Jyoti balasundaram (as legal heir of S.Padmavathy), 12.5% will go to Jayanand
Whether Late Sh.Jorawar Singh had made a valid Will
and a codicil dated 16.06.1985 and 21.10.1995 respectively? If
so, to what effect ... probate of
a will, appellants pleaded that they need not obtain a probate of the wills and
the codicil. As per the respondents Section
16th April, 1986
stated to be validly executed last Will and Codicil respectively of Sh. Raja
Ram son of late Sh. Ram Singh resident ... proof of the Will. In the present case, the petitioner having failed to
prove the documents to be the Will and Codicil, notwithstanding the fact
daughter of Late Smt.Shantadevi
Gaekwad in terms of the above Will and Codicil.
3. According to the applicant, though consent
decree is passed ... will be determined by the
Executors of this WILL preferably by
mutual consent of the heirs &/or
beneficiaries."
6.1 Clause-4 of Codicil
