(Also read on Validity of Unregistered Wills and How to make a WIll.)
The Hon’ble Supreme Court, (Division Bench of Mr. Justice G.S. Singhvi and Mr. Justice Sudhansu Jyoti Mukhopadhaya) in the case of Mahesh Kumar (D) By Lrs. vs Vinod Kumar & Ors (read entire judgement here.) has held that that active participation of the propounder / beneficiary in the execution of the Will or exclusion of the natural heirs cannot lead to an inference that the Will was not genuine.
The Hon’ble Supreme
Court set aside a judgement of the Madhya Pradesh High Court which disbelieved
the validity of a will executed by one Shri Harishankar to the exclusion of two
of his sons.
The D.B. observed
that:
