Will – Proof of – Suspicious circumstances – Burden on propounder
Where the testator was suffering from serious illness including paralysis and shaky condition and the propounder of the will played a prominent role in its execution, the Court must carefully scrutinize the evidence and the propounder must remove all suspicious circumstances. Failure to examine the scribe and inability to establish the mental fitness of the testator at the time of execution renders the will unproved. (Paras 26, 31)
Will – Proof – Requirement of sound disposing state of mind
A will must be proved by showing that the testator executed it in a sound and disposing state of mind as required under the principles embodied in Sections 59 and 63 of the Indian Succession Act. When the evidence shows that the testator was seriously ill, paralytic and admitted to hospital immediately after execution of the document, the Court may infer lack of mental alertness and treat the execution with suspicion. (Paras 24–26, 28)
Suspicious circumstances in execution of will – Illustrative factors
Suspicious circumstances include:
(1) prominent participation of the beneficiary in execution of the will;
(2) shaky signature or thumb impression of the testator;
(3) feeble or debilitated mental condition of the testator; and
(4) unnatural or unfair disposition of property.
Unless such suspicious circumstances are satisfactorily explained, the will cannot be accepted as genuine. (Paras 30–31)
Multiple wills – Each will must be independently proved
Where two rival wills are relied upon by different parties, each will must independently satisfy the legal requirements of proof. If both suffer from suspicious circumstances and the propounders fail to dispel those suspicions, neither will can be accepted as genuine. (Paras 27–28, 31)
Hindu Law – Marriage – Proof of second marriage – Burden
A woman claiming rights in the property of the deceased as his second wife must prove the valid marriage in accordance with law. Where evidence indicates that the alleged marriage occurred during subsistence of the first marriage and no valid proof of marriage is produced, the claimant cannot be treated as a legally wedded wife. (Paras 33–34)
Succession – Devolution of property – When wills set up by other claimants fail
Where the alleged wills relied upon by rival claimants are not proved and the second marriage is not established, the estate of the deceased devolves upon the legally wedded first wife as the sole heir. (Para 34)
Subsequent will executed by heir – Validity
Once the property devolves upon the lawful heir, such heir is competent to bequeath the property by a subsequent will. If that will is duly proved and not seriously disputed, it becomes operative and the beneficiaries under it succeed to the estate. (Paras 34–35)
Appeal – Interference with findings on appreciation of evidence
Where the Single Judge has carefully examined the evidence relating to execution of wills and reached a conclusion that the documents are surrounded by suspicious circumstances and not proved, the Division Bench will not interfere with such findings. (Paras 26–28, 31, 35)
Result
Letters Patent Appeals dismissed; judgment of the learned Single Judge affirmed; defendants 3 to 6 in O.S. No.165 of 1980 held entitled to the properties of the deceased in terms of the will executed by the first wife. (Para 35)
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