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

36. Then also produced citation AIR 1959 SC 443 in case of H.Venkatachala Iyenger vs. B.N.Thimmajamma and others. In which para-18, 19 clearly explains that how a Will has to be proved with the citation he submitted his arguments that in the Will the reasons mentioned for disheriting the defendant No.1 and 5 is not correct and it is the duty of the propounder of the Will to prove a Will behind all the suspicious circumstances. He also furnished one Judgment of Hon'ble Apex Court (1977) 1 SCC 369, wherein it reads thus, "In cases where the execution of a Will is shroud in suspicion, its proof ceases to be a simple lis between the plaintiff and the defendant. What, generally, is an adversay proceeding becomes in such cases a matter of the court's conscience and then the true question which arises for consideration is whether the evidence that the will was duly executed by the testator "

Bharpur Singh & Ors vs Shamsher Singh on 12 December, 2008

35. On the other hand the counsel for the defendant argued that the Will cannot be relied as it comes under the suspicious circumstances that the Will did not see the light of the day for the long time which (vii) in the following citatition. Also produced citation of Hon'ble Apex Court (2009) 3 SCC 687 Bharpur Singh & Ors v. Shamsher Singh in para No.23 Suspicious circumstances are mentioned as follows.
Supreme Court of India Cites 13 - Cited by 238 - S B Sinha - Full Document
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