The learned Single Judge then enumerated the following reasons for coming to the conclusion that the execution of Will dated 10.2.1992 was suspicious and the testator had not acted of his own free will:
(8) While the first Will was registered, the executant did not bother to get the second Will registered. {Para 13}
The absence of a categorical recital in Will dated 10.2.1992 that the earlier Will was cancelled is also not relevant because once the execution of the second Will is held as duly proved, the earlier Will automatically becomes redundant because the second Will represents the last wish of the testator.
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 7587-7588 of 2004
Decided On: 13.03.2012
Mahesh Kumar (Dead) By L.Rs. Vs. Vinod Kumar and Ors.
Hon'ble Judges/Coram:
G.S. Singhvi and S.J. Mukhopadhaya, JJ.
