Supreme Court of India

Bhagat Ram and Anr. v. Suresh and Ors.

Neutral citation
Reported as [2003] SUPP. 6 S.C.R. 216
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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