Will -- Age of Testator as Suspicious Circumstance -- Execution of Will at 45 years of age not unusual and does not impede its validity
(i) Indian Succession Act, 1925, S.59 -- Will -- Age of Testator as Suspicious Circumstance -- Every person of sound mind, not being a minor, may dispose of property by Will. Execution of a Will at 45 years of age is not unusual, and age of the testator cannot be an impediment to questioning validity of the Will so long as he was a major and of sound mind. Even if age is treated as relevant, a testator of 45 years benefits from the natural presumption of competence, since scrutiny rises only with advanced age. (ii) Will -- Exclusion of Natural Heirs as Suspicious Circumstance -- Once the validity of a Will is undisputed, exclusion of natural heirs from the Will cannot be held to be a suspicious circumstance. (iii) Will -- Due Execution -- Proof Through Testimony of Deed Writer and Attesting Witness -- Due execution of a Will stands proved where the deed writer and attesting witness depose unequivocally that the testator was in a sound and disposing state of mind and executed the Will in their presence, and their testimony remains unrebutted. Failure of the propounder's opponent to produce independent evidence of unsoundness of mind, coupled with an admission by their own witness that the testator was not suffering from any disease affecting mental faculties, further establishes due execution.
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