12) observed that in the case of execution of a Will, an
improbability must be clear and cogent. It must approach
very nearly to, if it does not altogether constitute, an
impossibility. This was reiterated by the Calcutta High
Court in the case of Kristo Gopal Nath v. Baidya Nath & Ors.
There is also a large body of case law about what are
suspicious circumstances surrounding the execution of a Will
which require the propounder to explain them to the
satisfaction of the court before the Will can be accepted as
genuine. A Will has to be proved like any other document
except for the fact that it has to be proved after the death
of the testator. Hence, the person executing the document is
not there to give testimony. The propounder, in the absence
of any suspicious circumstances surrounding the execution of
the Will, is required to prove the testamentary capacity and
the signature of the testator. Some of the suspicious
circumstances of which the court has taken note are: (1) The
propounder taking a prominent part in the execution of a
Will which confers substantial benefits on him; (2) Shaky
signature; (3) A feeble mind which is likely to be
influenced; (4) Unfair and unjust disposal of property. (See
in this connection: H. Venkatachala Iyengar v. B.N.
Thimmajamma & Ors. (1959 Supp.