The Testator and his Shaky hands:

The Testator and his Shaky hands:

The Supreme Court in SUSHILA DEVI v. KRISHNA KUMAR (AIR 1972 SC 2236) has held that in the absence of suspicious circumstances surrounding the execution of the Will, the proof of testamentary capacity and the signature of the testator as required by the law may be sufficient to discharge the onus. It is also equally well established by the Supreme Court in P.S.SAIRAM v. P.S.RAMA RAO PISEY (AIR 2004 SC 16 19) that when it is stated that the hands of the testator were shaking and the testator was unable to put his signature in the Will, the statement must be given due weight. The Supreme Court in the above case held as under:-

"It is true that Sadasiva Rao was a literate person, but he put his LTM on the Will reason therefor finds mention in the Will, Ext.D.13 itself wherein it was specifically mentioned that as hands of Sadasiva Rao were shaking due to nervous weakness, he was putting his LTM on the Will. Even on the Vakalatnama (Ext.P.28) defendant No.1 put his LTM, but did not sign it. D.W.3 stated in his evidence that as Sadasiva Rao was diabetic patient and his hands were shivering, he did not sign the Will but put his LTM thereon. The testator, who died during the pendency of the suit, as stated above, was examined as DW1 and in his evidence he had stated that because of nervous disability he was not in a position to put his signature on the Will."

97. A Bench of this Court, in which one of us was a party, in SAROJA v. CHENNIMALAI (2003(4) CTC 330) held that when the testator himself has stated that his hands were shaking and he was not in a position to sign, that statement should be given weight, particularly when the Sub Registrar of assurance has stated that the testator has affixed his thumb impression at the time when the document was presented for registration in his presence.

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