Will - Two Wills - Earlier Will registered - In order to prevail the last Will over earlier one, reference of revocation of earlier Will is necessary in later Will.

Citation

CDJ 2018 SC 041

H.V.Nirmala & Anr vs R.Sharmila And Anr

 

Evidence Act, 1872 – Section 68 – Validity of Will – Trial Court dismissed suit and held that Plaintiff having failed to prove original Willand was of view that it was not possible to hold, in absence of sufficient evidence adduced by Plaintiff, that Will was proved in accordance with law – High Court set aside judgment of Trial Court and decreed suit filed by Plaintiff -

Court held – once Will is held proved, in accordance with law, Plaintiff becomes entitled to claim declaration in her favour that she is owner of properties bequeathed to her by testator as specified in Will – High Court was right in holding that Plaintiff was able to prove Will and that Will and decree passed in original suit are not binding on Plaintiff – Appeal dismissed.

(Paras17, 18)

Comparative Citations:
2018 (2) ALT 41, 2018 AIR(SC) 1264, 2018 (2) ALD 55, 2018 (1) ARC 538, 2018 (2) JT 16, 2018 (1) LAR 174, 2018 (2) RCR(Civil) 40, 2018 (1) Scale 495, 2018 (3) SCC 303, 2018 (3) KCCR 2113, 2018 (3) LW 629,

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