Whether second will can be held as invalid if there is no recital in second will that earlier will was cancelled?

Absence of a categorical recital in Will that, earlier Will was cancelled was also not relevant because once execution of second Will was held as duly proved, earlier Will automatically became redundant because second Will represented last wish of testator 

Supreme Court of India

Mahesh Kumar (D) By Lrs vs Vinod Kumar & Ors on 13 March, 2012

Bench: G.S. Singhvi, Sudhansu Jyoti Mukhopadhaya

Citation; 2012(3)ALLMR470,2012(4)MhLj482,(2012)4SCC387

Print Page