HM Journal

WILL IS REVOKED ONLY AS PER SECTION 70 OF THE INDIAN SUCCESSION ACT

Introduction:

  • This Judgement clarifies that a Will can only be revoked as per the modes specified under Section 70 of the Indian Succession Act and not merely by an agreement.

Brief Facts of the Case:

  • Mangilal executed a Will dated May 6, 2009, which has been revoked by an agreement dated May 12, 2009, as per the appellant.
  • Ramkanya, the only daughter of Mangilal executed a Sale Deed on February 21, 2011, to the appellant.
  • The respondent claimed perpetual injunction and prayed that the Sale Deed is null and void.

Contentions of the Appellant:

  • The respondent, Suresh did not claim the relief granted by the Trial Court.
  • The District Court dismissed their appeal and modified the decree of the Trial Court in a manner contrary to the law.
  • The agreement dated May 12, 2009, bears a thumb impression of Mangilal. Hence, revokes the Will dated May 6, 2009.
  • The revocation of the Will dated May 6, 2009, lead to Ramkanya inheriting the entire property of Mangilal.
  • The extent of the validity of the sale deed dated February 21, 2011.

 Contentions of the Respondent:

  • The Will dated May 6, 2009, is duly proved and not revoked by Mangilal.

Principles and observations of the Court:

  • Both the Trial and the District Courts have considered the evidence of the attesting witnesses in regards to the Will executed by Mangilal which has also been affirmed in the High Court’s judgment.
  • The appellant has not adduced a shred of evidence in regards to the fulfillment of the requisites under clause (c) of Section 63 of the Indian Succession Act.
  • Mangilal has not revoked the Will dated May 6, 2009, as per the modes mentioned under Section 70 of the Indian Succession Act.
  • The agreement dated May 12, 2009, is not registered and valid.
  • The Sale Deed dated February 12, 2011, is valid to the extent of land allotted to Ramkanya as per the Will executed by Mangilal.
  • Both the parties can file a suit for partition to the District Court.

 Judgment Held:

 The Court clarified the extent of the validity of the Sale Deed dated February 12, 2011, and modified the decree passed by the District Court.

Opinion:

 In my opinion, the decision of the Court is correct. The decision has been delivered in accordance with the provisions of the Indian Succession Act.

Judgment Name: Badrilal V. Suresh & Ors

Judgment Date: October 28, 2021

 Bench: Ajay Rastogi, Abhay S. Oka

Written by: Meenal Songire

 College: S.N.D.T. Law School, Mumbai

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