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Shri Rameshwar Sharma vs State on 15 April, 2008 cites

Indu Bala Bose & Ors vs Manindra Chandra Bose & Anr on 18 November, 1981

10. The onus of proving the Will is on the person propounding the same. The Will has to be proved like any other document except as to the special requirements of attestation prescribed by Section 63 of the Indian Succession Act. If there are suspicious circumstances surrounding the execution of the Will, the same have also to be dispelled by leading satisfactory evidence by the propounder of the Will before the Will could be acted upon. (Indu Bala Bose & Ors. Vs. Manindra Chandra Bose & Anr. AIR 1982 SC 133; Madhu D. Shinde Vs. Tarabai Aba Shedge (2002) 2 SCC 85, and Sashi Kumar Banerjee & Ors. Vs. Subodh Kumar Banerjee AIR 1964 SC 429).
Supreme Court of India Cites 4 - Cited by 234 - B Islam - Full Document

Madhukar D. Shende vs Tarabai Aba Shedage on 9 January, 2002

10. The onus of proving the Will is on the person propounding the same. The Will has to be proved like any other document except as to the special requirements of attestation prescribed by Section 63 of the Indian Succession Act. If there are suspicious circumstances surrounding the execution of the Will, the same have also to be dispelled by leading satisfactory evidence by the propounder of the Will before the Will could be acted upon. (Indu Bala Bose & Ors. Vs. Manindra Chandra Bose & Anr. AIR 1982 SC 133; Madhu D. Shinde Vs. Tarabai Aba Shedge (2002) 2 SCC 85, and Sashi Kumar Banerjee & Ors. Vs. Subodh Kumar Banerjee AIR 1964 SC 429).
Supreme Court of India Cites 7 - Cited by 302 - R C Lahoti - Full Document

Shashi Kumar Banerjee & Ors vs Subodh Kumar Banerjee Since Deceased & ... on 13 September, 1963

10. The onus of proving the Will is on the person propounding the same. The Will has to be proved like any other document except as to the special requirements of attestation prescribed by Section 63 of the Indian Succession Act. If there are suspicious circumstances surrounding the execution of the Will, the same have also to be dispelled by leading satisfactory evidence by the propounder of the Will before the Will could be acted upon. (Indu Bala Bose & Ors. Vs. Manindra Chandra Bose & Anr. AIR 1982 SC 133; Madhu D. Shinde Vs. Tarabai Aba Shedge (2002) 2 SCC 85, and Sashi Kumar Banerjee & Ors. Vs. Subodh Kumar Banerjee AIR 1964 SC 429).
Supreme Court of India Cites 3 - Cited by 650 - Full Document

Shri L.C. Lai And Ors. vs State on 27 August, 2002

12. I will deal with the suspicious circumstances pointed out above one by one. In cross examination, PW-1 has admitted that the age of the deceased at the time of her death was 92 years. The Will was executed by her about six months prior to her death. He admitted in cross examination that about one or one and a half year prior to her death, deceased was very ill but denied the suggestion that she was mentally and physically indisposed during the said period. PW-3 Sh. N.N. Sharma, advocate has stated that the testatrix was in a fine physical and mental state at the time of execution of the Will and had signed the Will after understanding the contents, stated in the Will. He denied the suggestion that Smt. Basant Bai was not well on 3/4.09.1992. It has been held by Hon'ble Delhi High Court in L.C. Lai and others Vs. State, 2002 VII AD (DELHI) 343, that the burden of establishing sound state of mind of the testator is on the person propounding the Will, but this burden is very light because there is presumption of soundness of mind in favour of every testator. However unless there is cogent material on record to doubt his capacity to dispose, the court must go by this presumption. No evidence, whatsoever, has been produced by the objectors to prove that the testatrix was not having sound disposing state of mind at the time of execution of the Will. No record of medical treatment has been filed to show that the testatrix was lying indisposed or was not having sound state of mind. The bare suggestions given to the witness are of no : 10 : consequence, particularly, when the testatrix survived for about six months after the execution of the Will and was also contesting the civil case with the objectors during that period. Merely because the testatrix was ill since about one and a half years prior to her death, no presumption can be drawn that she was not having sound disposing mind.
Delhi High Court Cites 4 - Cited by 8 - R C Chopra - Full Document
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