Supreme Court of India

Bhagat Ram and Anr. v. Suresh and Ors.

Neutral citation
Bench R.C. Lahoti and Ashok Bhan JJ.
Decided 25 November 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that the same rules of execution are applicable to a codicil which apply to a will to which the codicil relates.

Judgment, page 11

From the headnote

Indian Succession Act, 1925-Sections 2(b), 2(h), 63, 64 & 701 Indian Evidence Act, 1872-Sections 68 & 114-Will executed by testator attested by two witnesses-Codicil, which is inconsistent with the Will, recorded and signed by testator in presence of Reigstrar of Deeds and attested by one witness only-Registrar of Deeds signing the codicil-Proof of execution of codicil-Held, Codicil is required to be executed and proved as will­ On facts, attesting witness and Registrar of Deeds were not examined in witness box and hence the codicil not proved-Indian Registration Act, 1908; Sections 52 & 58.

Authorities it was built on

Where later benches applied it

Of those, 1 relied on

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