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Smt. Subhadra @ Savitri vs State on 21 December, 2022 cites

H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958

In H. Venkatachala Iyangar v. B.N. Thimmajamma, AIR 1959 SC 443, the Supreme Court laid down the principles which govern the proving of a will. The Supreme Court held that the Court has to consider whether the testator signed the will; did he understand the nature and effect of the dispositions in the will; did he put his signature to the will knowing what it contained. The onus of proving the will is on the propounder. If there are any suspicious circumstances, the onus would be on the propounder to eXplain them to the satisfaction of the Court before the will could be accepted as genuine. Apart from suspicious circumstances, the will may suffer from infirmity where the propounder takes prominent part in the eXecution of the will which confers on him substantial benefits. Such infirmities are also treated as suspicious circumstances. Even where there were no such pleas but the circumstances gave rise to doubts, the propounder has to satisfy the conscience of the Court. Relevant portion of the said judgment is reproduced hereunder:
Supreme Court of India Cites 14 - Cited by 1203 - P B Gajendragadkar - Full Document
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