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
Learned counsel submits that as per para 12 of the Codicil/Will
dated 10.12.2009, "the petitioner was entitled to hold, possess and enjoy
this ... counsel submits that the right so conferred by virtue of the
Will/Codicil, the petitioner has filed the instant eviction petition against
the respondent
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
Will and Testament about the Will and handed over
the identical Duplicate counterpart of the Will and Testament along
with the original Codicil ... have signed more than two copies of
the Will. On preponderance of probabilities, the Will and
Codicil have not been proven.
Contentions of the Parties
revocation of the Will which
is a registered Will in favour of the plaintiff. The procedure
for revoking or canceling the Will is governed ... unprivileged wills as
in Section 70 of the Indian Succession Act as follows:
"Section 70.- No unprivileged will or codicil,
nor any part thereof
revocation of the Will which
is a registered Will in favour of the plaintiff. The procedure
for revoking or canceling the Will is governed ... unprivileged wills as
in Section 70 of the Indian Succession Act as follows:
"Section 70.- No unprivileged will or codicil,
nor any part thereof
legal representative as the deceased Indumati
Rameshchandra Pandit had executed a will and codicil in favour
of the respondent. The findings and reasoning have weighed ... inter alia praying for
letter of administration with the registered will and codicil
annexed executed by deceased Indumati Rameshchandra Pandit.
He would further submit that
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 ... restrictions and modifications specified therein, apply-
(a) to all Wills and codicils made by any Hindu,
Buddhist, Sikh or Jaina on or after the first
same has not
been framed. Furthermore, the plaintiff has challenged the
Will and Codicil executed by Savitaben and issue regarding
the Codicil has only been ... fact that whether Savitaben had the right to execute a Will
and Codicil qua whole property and such issue has not been
framed
