Court held as follows:
"(B) Will -- Suspicious circumstances -- Cumulative effect of suspicious circumstances surrounding execution of Will to be considered -- Test applicable.
HELD ... inference can be drawn against Will.
Case law discussed.
(B) Succession Act (39 of 1925), Section 63 -- Will --Suspicious circumstances -- Will properly executed and attested
executing a will. It is
true that a propounder of the will has to
remove all suspicious circumstances.
Suspicion means doubt, conjecture or
mistrust ... will is surrounded by suspicious
circumstances stands on a different
footing. The presence of suspicious
circumstances makes the onus heavier on
the propounder and, therefore
remove the suspicious circumstances. In this case, the plaintiff has not discharged his initial burden of removing the suspicious circumstances over the Will. In this ... that any and every circumstance is not a 'suspicious' circumstance. A circumstance would be 'suspicious' when it is not normal
attested
mother's Will and in his own Will, he made mention of
mother's Will, all suspicious circumstances sought to be
projected ... suspicious circumstances attending to
the will. In the circumstances of the present case, the will in
question does not suffer from any suspicious circumstances
High Court essentially after finding several unexplained suspicious
circumstances surrounding the Will in question. Being aggrieved, the
petitioner-appellant, who was appointed as the executor ... clause in the Will in
her own handwriting were not clarified and the manner of execution of Will
was another suspicious circumstance.
15.6. Fifthly
Will Ex. P.3 and the deed of Will Ex. P.4, the
Trial Court observed that only the strong suspicious circumstances were
required ... testator while exercising his own
free will. However, when the Will is surrounded by suspicious
circumstances, the Court would expect that the legitimate suspicion should
held that "any and every
circumstance is not a suspicious circumstance. A circumstance
would be suspicious when it is not normal ... suspicious
circumstance. In the said Judgment, their Lordships have given
an inclusive list of circumstances which may be termed as
suspicious circumstance. Propounder taking prominent
sufficient to prove the execution, if there are suspicious circumstances. In that case, the suspicious circumstances was regarding the exclusion of a natural heir ... that cannot be treated as a suspicious circumstance for denying a probate.
41. The third suspicious circumstance alleged by the appellant is that there
Learned Judge enumerated various suspicious circumstances and held that those suspicious circumstances were not dispelled by the propounder of the Will/Plaintiff. Much arguments were ... treated as suspicious circumstance, coupled with the other circumstances in this case, the delay in filing the probate is evidently a suspicious circumstance
evidence, suspicious circumstances alleged and the preponderatory circumstances and were influenced by inconsequential matters in holding that the "Wills ... that both the Wills produced were proved to be the genuine Wills executed by Pillareddy and there are no suspicious circumstances relating to the said
