Just as in other systems of law, so under Muslim law, a testator may revoke his will or any part of it any time, either expressly or by implication.
Similarly, a testator is also free to make any additions to his will. But if the addition to the subject of the bequest is such that the subject of the bequest cannot be delivered with the addition then the bequest stands revoked.
Express Revocation:
ADVERTISEMENTS:
If a testator makes a bequest of some property to a person, and by subsequent will, he bequeaths the same property to another person, the first bequest is revoked. But bequest of the same property to one person in earlier portion of the will and to another person in the later portion of the will does not revoke the earlier bequest, but both the Jegatees share the property equally. A will may be expressly revoked by fearing it off, or by burning it. It seems that mere denial of a will will not operate as its revocation.
Implied Revocation:
Any act inconsistent with the bequest will go to revoke the will. Thus, an act which results in the extinction of the subject-matter of the bequest, or extinction of the proprietary rights of the testator will impliedly revoke the will. For instance, bequest of a plot of land is revoked when the testator builds a house on it; or bequest of a house is revoked when the testator sells or makes a gift of it to another.