...provisions of the Deed of Trust Exhibit ‘A’ can be changed, altered or revoked by the Settlor during her life time under her Will?Q. 2) Whether the Trustees, the Defendant No. 1 can object...created otherwise than by Will can be revoked in three circumstances, (a) where all the beneficiaries are competent to contract-by their consent; (b) where the trust has been declared by a non...provisions of section 78 of the Indian Trusts Act apply to all trusts, public or private and that a trust cannot be revoked except as provided under section 78. Hence, having created a trust in...

...accepted. The Will can be revoked by the Executor by revocation deed or by executing another Will by revoking the previous Will. The Will cannot be said to have been automaticall.... Any subsequent act therefore, cannot lead to a conclusion that the Will stood automatically revoked as is sought to be contended. Therefore, the question of law sought to be raised by the learned...details as the learned lower appellate court has rightly held that the plaintiff would not succeed even if the collusive decree is set aside as the property was to be inherited under the Will dated...

...; (ii) a deed is ordinarily irrevocable, unless there is an express power of-revocation; a will can be revoked at any time by the testator during his life time. It is ambulatory and it becomes...Court in the above cited judgments, a will cannot be said to be a transfer or an assignment since on the execution of a will nothing passes on to the legatee and the testator can always revoke a ...the Act. The petitioner claims to be a legatee under a will dated 27.11.1985 executed by late Devadanam Upadeshi, who secured the occupancy right from the Land Tribunal. The Tahsildar made a report...

...sufficient to reject the case of the objectors based upon the Will dated 6.11.1987, inasmuch as, a photocopy of the Will cannot be relied upon, because, a Will can be revoked even if it i..., 1925 and in which provisions it is stated that the Will can be revoked by a deliberate act of the testator by destroying the Will.9. The probate court below has also rightly refer...Under Section 68 of the Evidence Act, a Will can be proved by examining at least one of the attesting witnesses...

...a mandatory content. Secondly, the section provides the mode and the very circumstances under which an intention to revoke can be established. In these circumstances, therefore, the onus is on the objector who relies on the revocati...it has been proved to have been duly executed. Under Section 70 of the Act, the will can be revoked inter-alia, by...registered by the testator but not found at the time of death the question whether the presumption that the testator had revoked the will can be drawn or not will depend on the facts and circumstances of e...

...deemed to be canceled and this would be his last Will. This apart, I hardly need to emphasise that a Will can be revoked either expressly or impliedly. No particular form or expression is...later Will covers the same ground as earlier one, then it must be taken as a substitution for the earlier Will. The question whether earlier Will has been revoked or not is a question of fact....19. The question whether a Will can be Page: 106believed or not is a not a question of law. The High Court will not reappraise the evidence to ascertain whether Will should be bel...

...:—i) Can a bequest under a registered unprivileged Will or Codicil be revoked by the burning, tearing or otherwise destroying the same by the testator or by some other person in his...Will or Codicil or by a declaration in writing to revoke the earlier one. An unprivileged Will or Codicil can also be revoked by the burning, tearing, or otherwise destroying the same and it shall ...requirement mandated under Section 70 of the Act for manual destruction is not applicable in so far as a registered Will or Codicil is concerned and it can be revoked only by the methods available under first porti...

...notice two other arguments addressed at the bar. It was contended for the revenue that the document can be revoked by the assessee and, therefore, the wakf has not come into effect. This argument proceeds on the assumption ...life. The document, therefore, is not capable of being revoked. Even on the footing that the document is a will, the point for consideration will be whether after the death of the husband it was open to the wife to...document with which we are concerned is a wakf, the point when a joint and mutual will can be revoked does not arise for our consideration. 15. The other argument which we here...

....”3. The testator was a Christian and the Succession Act applies. S. 57 of that Act compendiously lays down the law as to how a will can be revoked. This is not a...Administration, obtained on the allegation—untrue in fact though made in good faith—that it was the last will and testament of the declassed must be revoked under ...that the will of 1905 was not revoked by the will of 1907, but he agrees that in the view that if the former will was revoked, the Letters of Administration granted to Elachar should also be ...

...will. The copy of the will in the office of the Sub-Registrar cannot itself be described as primary evidence. It is only a secondary evidence. Under the law, even a registered will can be ...an unregistered will. As seen above, & will can also be revoked by burning, tearing or otherwise destroying the same by the testator. Original will in the present case is not forthcoming and I...Will or part of a Will the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void (S. 61). A Will is liable to be revoked or...

...there is an express power of revocation; a will can be revoked at any time by the testator during his life time. It is ambulatory and it becomes effective and irrevocable on the death of the testator...generally in the case of immoveable property of a value of less than Rs. 100/-. A transfer may be effected by delivery of possession. The words “living person” exclude transfers by Will for a Will operates...Acquisition Act by will in favour of a non-State Subject. The mere fact that transfer by sale or mortgage of immovable property in favour of non-State Subject is prohibited cannot be considered to...

..., they may require the trustee to transfer the trust property to them or to such person as he or they may direct. Section 78 provides that the trust otherwise created than by a will can be revoked by...it can be varied, modified, revoked or dissolved subject to the conditions mentioned therein namely, that all the beneficiaries who are competent to contract, consent for such procedure. In a...can be dissolved in the manner suggested by the trustees and the beneficiaries under the trust. C.R.P No. 1703 of 1984 is filed by the beneficiaries and C.R.P No. 2793 of 1984 is filed by the...

...-Registrars record is only secondary evidence of the Will and not primary evidence because primary evidence of the Will is the original Will itself. The fact that it is only the original Will which can ...unprivileged will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the...am proceeding to decide the case. 2. This testamentary case is filed by the petitioner Smt. Kamla Devi seeking probate of the Will dated 26.5.1995 said to be executed...

...Act, S. 78(c), a trust created otherwise than by a will can be revoked at the pleasure of the author of the trust where the trust is for the payment of the debts of the author of the...creditors or superior landlords or other creditors of the estate in any way you think proper, whenever it will be necessary to save limitation by paying interest out of the dues of the said creditors..., you will be competent to do so with authority equal to mine……If in order to pay wholly or in part the said amounts of debt, or for the benefit of the estate or for any other purpose it...

...as a trust created by will, then under section 78, the trust created by will can be revoked at the pleasure of the testator at any time before his death. Accordingly Sudhangshu had authority to revoke...evidence adduced by the parties came to the final finding that the alleged deed of settlement is not a deed of settlement according to the recital, but it is a trust created by will which can be...dispose of the suit as one for partition so that complete relief can be granted to all the parties. She further submits that under order XLI rule 33 of the Code, the court is empowered to grant such...

...letter of administration with regard to a Will in question can be revoked or annulled on the just ground which have been enumerated therein, and further magnifies with the illustration in consonance there with. The...Naraian Gope with regard to the properties detailed under Schedule-A of the plaint on the basis of probate granted in his favour on the basis of a Will alleged to be executed by Naraian Gope and then...created by the opposite party with the aid and assistance of his henchmen. It has further been stated that at the relevant time, during course of which, alleged Will is said to be executed by the...

...no agreement between the two brothers that the Will can be revoked only jointly by both of them, but that on the other hand the two testators have reserved to themselves a unilateral power to revoke...Chinnappa, Perumal became entitled to all of them by survivorship so that there were no properties of Chinnappa, which could be claimed as his own separate properties, on which Chinnappa's Will can...from the testators, there can be no position of a mutual Will." 13. In England the Courts have evolved "their own principles of law regarding joint and mutual Wills...

...revocation of unprivileged Wills and the revocation of the Will can be made only by following any of the modes available under Section 70. 16. The Bombay Hi...still be treated as his last Will and Testament. 14. In Smt.Jaswant Kaur's case, (referred herein supra), the Hon'ble Supreme Court held that Will cannot be revoked...Will can only be in terms of Section 70 of the Indian Succession Act, 1925 and not under any other event. Law is also equally settled that when a portion of the property which has been set out in the...

...Section 62 of the Succession Act, a will can be revoked or altered by the testator during his or her life time. Mst. Fatima Bibi th...property vested in the waqf, thus, by the subsequent will, such declaration cannot be revoked. He submitted that in view of Section 2(bbb) of Act No. 13 of 1972, the provisions of the Act No. 13 of 1972.... Section 62 of the Succession Act provides that a will is liable to be revoked or altered by the maker of it at any time when he is...

...plaintiff however got the Will in favour of the defendant registered, as the plaintiff knew that the Will can be revoked any time and that till the plaintiff is alive, the defendant will not get a...the Court is required to apply its mind and understand the facts before framing the issue and that if a plea is mala fide or preposterous or vexatious, and can be disposed of without going...into the facts, or is contrary to law or the settled legal position, the Court will not be justified in adopting a hands off policy and allow the game of the defendant to have its sway. In...