The provisions of Section 70 of the Indian Succession Act, 1925 (for short, the Act of 1925) provide for the manner in which an unprivileged will or codicil could be revoked. As per this provision, an unprivileged will executed earlier or any part thereof can be revoked by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is required to be executed. It also provides that this revocation could be done by burning, tearing or otherwise destroying the same by the testator or by some person in his presence with an intention to revoke the same. The earlier will dated 13-9-1968 executed by Chintaman was an unprivileged will. In view of provisions of Section 70 of the Act of 1925, it was required to be revoked in the same manner in which the unprivileged will was earlier executed. Reference in this regard can be usefully made to the judgment of the Division Bench of the Nagpur High Court in Chouthmal Jivrajjee Poddar v. Ramchandra Jivrajjee Poddar and others, MANU/NA/0067/1954 : AIR 1955 Nagpur 126. In other words, compliance with provisions of Section 68 of said Act was necessary. Thus, atleast one attesting witness was required to be examined for proving the deed of cancellation dated 24-12-1970.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Second Appeal No. 62 of 2004
Decided On: 28.09.2017
Vitthalrao Vs. Domaji Pandurang Kokate and Ors.
Hon'ble Judges/Coram:
A.S. Chandurkar, J.
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