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M.S.Rama Mohana Rao vs G.Prem Kumar

43.In Kavita Kanwar's case, the Hon'ble Supreme Court only reiterated the principles laid down by the Three Judge Bench of the Apex Court in H.Venkatachalam Iyengar Vs. B.N.Thimmajamma reported in AIR 1959 SC 443 and explained as to what would amount to a suspicious circumstances. However, even in the said decision, the Hon'ble Supreme Court has held that in the ultimate analysis even if the Will is shrouded in suspicion, it would be a matter essentially of judicial conscience of the Court and the party which accepts the Will has to offer cogent and convincing explanation on the suspicious circumstances surrounding the Will.
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