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

xi. Suspicious circumstances must be 'real' germane and valid' and not merely 'the fantasy of the doubting mind'. Whether a particular feature would qualify as 'suspicious' would depend on the facts and circumstances of each case. Any circumstances raising suspicion legitimate in nature would quality as a suspicious circumstances for example, a shaky signature, a feeble mind, an unfair and unjust PC No 27/2020 Nirmala & Ors Vs State & Ors. Page 21/36 disposition of property, the propounder himself taking a leading part in the making of the Will under which he receives a substantial benefit, etc. (58) In Shashi Kumar Banerjee vs. Subodh Kumar Banerjee, AIR 1964, SC 529, a Constitution Bench of the Hon'ble Supreme Court of India had the occasion to rule on the principles governing mode of proof of a Will before a probate court.
Supreme Court of India Cites 3 - Cited by 650 - Full Document

Hari Singh & Anr. vs The State & Anr. on 3 December, 2010

( emphasis supplied) (59) In Hari Singh & Anr. Vs State & Anr. 176 (2011) DLT 199 (DB), the Hon'ble High Court of Delhi made reference to FAO No. 874/2003 dated 21.11.2007 titled Jagdish Lal Bhatia vs Madan Lal Bhatia which dealt with the legal burden of proof when a Will is propounded and also spelt as to what would constitute suspicious circumstances and what form of affirmative proof should be sought by the court to satisfy the judicial conscience that the document propounded is the last, legal and valid testament of the testator. These are as under:
Delhi High Court Cites 15 - Cited by 58 - V Sen - Full Document

Jagdish Lal Bhatia And Ors. vs Madan Lal Bhatia And Anr. on 21 November, 2007

( emphasis supplied) (59) In Hari Singh & Anr. Vs State & Anr. 176 (2011) DLT 199 (DB), the Hon'ble High Court of Delhi made reference to FAO No. 874/2003 dated 21.11.2007 titled Jagdish Lal Bhatia vs Madan Lal Bhatia which dealt with the legal burden of proof when a Will is propounded and also spelt as to what would constitute suspicious circumstances and what form of affirmative proof should be sought by the court to satisfy the judicial conscience that the document propounded is the last, legal and valid testament of the testator. These are as under:
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