The WILL and its Propounder:

The WILL and its Propounder:

It is true that the mode of proving the Will does not ordinarily differ from that of proving any other document, subject to the satisfaction of the special requirement of attestation prescribed in the case of a Will by section 63 of the Indian Succession Act and section 68 of the Evidence Act and if there are suspicious circumstances, the onus is on the propounder to explain them to the satisfaction of the court and in the absence of suspicious circumstances surrounding the execution of the Will, the proof of testamentary capacity and the signature of the testator would be sufficient to discharge the onus.

The Supreme Court in H.Venkatachala Iyengar case (AIR 1959 SC 443) has held that where there are suspicious circumstances surrounding the execution of the Will, the onus is on the propounder to explain them to the satisfaction of the Court before the Will could be accepted as genuine. The suspicious circumstances would depend upon the facts and circumstances of each case. As observed by the Supreme Court, the shaky signature, feeble mind and unfair and unjust disposal of property or the propounder himself taking a leading part in making of the Will under which he receives substantial benefits are examples of some of the suspicious features and the burden is on the propounder to remove all the legitimate suspicion to the satisfaction of the Court to accept the Will as the last Will of the testator.

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