Proof of Will -- Suspicious Circumstances -- Propounder must dispel doubts beyond proving attestation
(i) Indian Succession Act, 1925, S.63 -- Proof of Will -- Suspicious Circumstances -- Mere examination of an attesting witness is not sufficient where the Will is surrounded by suspicious circumstances. The propounder bears the additional burden of dispelling such doubts and satisfying the judicial conscience that the document represents the free and informed wishes of the testator. Exclusion of the sole Class I heir in favour of unrelated persons is a relevant suspicious circumstance. (ii) Indian Succession Act, 1925, S.63 -- Proof of Will -- Unauthenticated Alterations in Registration -- Alterations made on a registered Will without initials or authentication of the Sub-Registrar remain unexplained and add to the suspicion surrounding its execution. Such unexplained alterations, left undispelled by the propounder, are sufficient to discard the Will as not genuine.
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