...will is surrounded by suspicious circumstances, the removal of which is the burden of the propounder, the will would not be probated.2. In the appeal at hand, we are...learned trial Judge felt that these were surrounded by suspicious circumstances. On appeal being preferred, the High Court at Calcutta also took the same view. Hence this appeal by special leave....3. A perusal of the two impugned judgments shows that the following were regarded as suspicious circumstances:(1) Deprivation of the natural heirs by...

...of the Will has not been proved in accordance with law and that there were suspicious circumstances surrounding the Will which the propounder of the Will failed to dispel by leading cogent and...propounders of the Will which they have failed to discharge. That the Will was surrounded by suspicious circumstances. The burden to remove the suspicion on the due execution of the Will was also on the...dispel the suspicious circumstances enumerated above was on the propounders of the Will which they had failed to discharge by leading cogent and acceptable evidence. As against this, Dr. Rajeev Dhavan...

...view of presence of nine suspicious circumstances surrounding the execution of the will, the same could not be held to have been executed by Akkayamma. An appeal preferred thereagainst by Respondents 1...requirements of Section 63 of the Succession Act and that the trial court as also the learned Single Judge erred in discarding the will on circumstances none of which was a suspicious one attending due...Court committed a serious error in ignoring a large number of suspicious circumstances surrounding purported execution of the will as opined by the learned District Judge as also the High Court. It was...

...must be held to have been proved and all suspicious circumstances have been dispelled, stating:“… the only conclusion that can be drawn is that the will is a genuine...been held by the courts below that the will was surrounded by suspicious circumstances.13. Mr S.D Sharma, learned Senior Counsel appearing on behalf of the respondent, on the othe.... 452, para 20)“20. There may, however, be cases in which the execution of the will may be surrounded by suspicious circumstances. The alleged signature of the...

...thinks that in view of the discussion made hereinabove that both Ext. B-19 and Ext. B-20 are surrounded by various suspicious circumstances.14. When a will is surrounded...by suspicious circumstances, the person propounding the will has a very heavy burden to discharge. This has been authoritatively explained by this Court in...consider that the will in question is encircled by suspicious circumstances.15. Going by this test, as we must, we find that both the wills, Ext. B-19 and Ext. B-20...

...to the genuineness of the will in question. The High Court found several unexplained suspicious circumstances as also discrepancies in the will in question and held that the alleged will dated 20-5...presence of Swamiji. The contesting defendants recounted various suspicious circumstances concerning the will in question while alleging, inter alia, that the will did not bear the signature of...court further observed that certain inconsistencies or certain improper directions may not be called as suspicious circumstances; and that though the description of property in Para 5 of the will did not...

...is the duty of the person seeking declaration about the validity of the Will to dispel such suspicious circumstances. In this connection, reference may be made to the decision of this Court in Rani Purnima Debi v. K...AIR 1959 SC 443, 1959 Supp (1) SCR 426 it has been held in the said decision that where the propounder was unable to dispel the suspicious circumstances which surrounde...suspicious circumstance, the obligation is cast on the propounder of the Will to dispel the suspicious circumstance. As in the facts and circumstances of the case, the court of appeal below did not...

..., appearing on behalf of the respondent submits that both the Courts below on consideration of relevant materials have recorded the finding and disbelieved the Will as the suspicious circumstances attending to the ...and was bed-ridden and this fact may not in isolation make the Will suspicious, unless it is proved that he did not have capacity to receive out things, but the Courts below have found other suspicious ...above. (10.) It is trite law that it is for the pro- pounder of the Will to prove and remove all suspicious circumstances. Cumulative effect of the suspicious circumstances found by the C...

...first appellate court upon examination of the entire evidence accepts the submission made on behalf of the petitioners that the execution of the will is shrouded by suspicious circumstances. The first appellate court also n...examination, of the entire circumstances came to the conclusion that the will is shrouded by suspicious circumstances. The High Court, without examining any of the real issues has brushed aside the reasons...suspicious circumstances pointed out by the appellants are only conjectural. Therefore, the High Court has rightly disregarded the same. Genuineness of the will cannot be disbelieved merely because the Sub...

...the appellants, the High Court upheld the findings of the trial court and dismissed the appeal. The High Court was conscious of the fact that there were certain suspicious circumstances attending the execution of the will i...the main judgment was not much impressed by the alleged suspicious circumstances and held that whatever suspicion there might be was dispelled by the fact of the registration of the will later. The...learned Chief Justice, who was the other Judge, and who substantially agreed with Ram Labhaya, J. was more impressed by the existence of suspicious circumstances relating to the execution and attestation of the will; even...

...impossible to reach such satisfaction unless the party which sets up the will offers a cogent and convincing explanation of the suspicious circumstances surrounding the making of the will....making of the will.4. Cases in which the execution of the will is surrounded by suspicious circumstances stand on a different footing. A shaky signature, a feeble ...his estate were disinherited because the testator might have had his own reasons for excluding them. The presence of suspicious circumstances makes the initial onus heavier and therefore, in cases where the circumstances at...

...-1986, the said Yumnam Gouramani Singh was staying in U.P and not in Imphal. It was also alleged that there were suspicious circumstances which ought to be considered before the will could be accepted as..., the onus which rests on the propounder is discharged. But there may be cases in which the execution of the will itself is surrounded by suspicious circumstances, such as, where the signature is...legitimate suspicious circumstances those must be reviewed and satisfactorily explained before the will is accepted. Again in cases where the propounder has himself taken a prominent part in the execution...

...not sustainable. It is submitted by Ms Jain that the learned trial court while holding and not accepting the will executed in favour of Defendants 2 to 6 framed the following suspicious circumstances:....2. Declaring the will to be surrounded by suspicious circumstances, mainly based on recitals in the body of the will, Ext. D-2, is not well founded, as such, will is ...would mean as suspicious circumstances surrounding the will.4. Father's name of Gurnam Singh described as Dewa Singh, instead of Mehar Singh, are not such recitals...

...as also deed of gift are shrouded in mystery and therefore it is the responsibility of the fifth defendant to dispel the suspicious circumstances by adducing satisfactory evidence. After appreciation of the materials available on re...to prove the legality of the execution and genuineness of the said will by proving absence of suspicious circumstances surrounding the said will and also by proving the testamentary capacity and the...signature of the testator. Once the same is proved, it could be said that the propounder has discharged the onus.19. When there are suspicious circumstances regarding the execution of the will, t...

...Kaur v. Smt. Amrit Kaur and others, AIR 1977 SC 74, held that to prove valid will, suspicious circumstances must be explained. The Executing Court in paragraph 20 of the judgement observed that...attesting witnesses also did not state as to whether other attesting witnesses signed the will in his presence or not. Ingredients of attestation are totally missing. Moreover, the most suspicious...that Shish Pal executed a will dated 12.7.1985 in favour of all the three sons excluding the window and daughters. The Executing Court framed issue to the fact as to whether Shish Pal ever executed a...

...thumb impressions by themselves was not sufficient to establish validity of will unless suspicious circumstances, usual or special, are ruled out and the court's conscience is satisfied not only on...AIR 1959 SC 443, 1959 Supp 1 SCR 426 had held that, proof of signature raises a presumption about knowledge but the existence of suspicious circumstances rebuts it. Impo...existence of suspicious circumstances which the propounder could not rule out specially when he had taken active part in its execution.2. Soft corner for grand-children or...

.... The High Court, on a consideration of the entire evidence adduced by the parties, came to the conclusion that the will was prepared under highly suspicious circumstances, and that the evidence adduced by...surrounded by suspicious circumstances. The alleged signature of the testator may be shaky and doubtful and evidence in support of the propounder's case that the signature in question is the signature of the testator may not remove ...legitimate suspicions should be completely removed before the document is accepted as the last will of the testator. The presence of such suspicious circumstances naturally tends to make the initial onus very heavy; and unl...

...Nanda (2007) 9 SCC 728, (2007) 7 Scale 228.8. It was urged that a large number of suspicious circumstances surrounding the execution of...to proof of a valid will is now well settled. It has to be proved not only by proving the signature of the executor but it should be found to be free from any suspicious circumstances. Section 63(c) of the Succession Act re...testatrix was proved. The question which arose for consideration therein before this Court was as to whether the will was surrounded by suspicious circumstances. This Court noticed a passage from the Laws of Will i...

...para.4 of the plaint in the 10 line by introducing an altogether new matter with respect to a testamentary Will of Isher Singh and that it was surrounded by suspicious circumstances not proved beyond...suspicious circumstances in its making, then the cause of action accrues when the right to sue accrues. The plaintiff does not help the court in his application with the date of knowledge of the Will executed...2006 or thereabout. By the proposed amendment, the plaintiff wants to challenge the Will as one surrounded by suspicious circumstances and not proved beyond any reasonable doubt. The trial Court has...

...surrounded by suspicious circumstances which, according to the appellants, were:1. Registrar was brought to the house of the propounder which proves that the testator was not in good health and menta...consideration the suspicious circumstances surrounding the will which have been noticed by the learned trial Judge.10. It was contended that as the beneficiaries under...presence or in the presence of each other. Only when there exist suspicious circumstances, the onus would be on the propounder to explain them to the satisfaction of the court before it can be accepted as genuine....