The Supreme court passed an order in the case of Badrilal v. Suresh and Ors.
stating that a Will cannot be revoked by an agreement and can be revoked only as
per the modes specified under Section 70 of the Indian Succession Act. A
divisional bench of Justices Ajay Rastogi and Abhay. S. Oka passed an order
clarifying the essential ingredients of S.70 of the Indian Succession Act, which
will be required to be fulfilled in a case involving the question of revocation of a
The Court noted that as per Section 70, revocation could be made either by
Execution of another Will or codicil, or by a writing executed by testator
declaring an intention to revoke the Will and executed in the manner in which an
unprivileged Will is required to be executed; or by burning, tearing or otherwise
destroying the same by the testator or by some person in his presence and by his
direction with the intention of revoking the same. In view of these modes of
revocation, the Court noted that the will executed by Mangilal was not revoked
by executing another Will; the Will was neither destroyed nor burnt by Mangilal
nor someone else as per his express instructions.
Thus the Court clarified that the sale deed dated February 21, 2011, executed by
Ramkanya in favor of the appellant- Badrialal, would be valid only to the extent
of the area which she had acquired under the Will dated May 6 2009.
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