AIROnline 2025 SC 1

Evidence Act (1 of 1872) , S.63, S.68— Will – Proof of – Suspicious circumstances – Suit for partition – Claim of first wife and children of original owner was denied by defendants second wife and children on the basis of Will allegedly executed in their favour – Defendant did not divulge the fact that two pages on stamp papers on which Will was typed were bought in her name and deposed that she had not played any role in execution of Will – Attesting witness was brother of defendant and it was her case that Will was given to her by her brother at place ‘T’ but noting in the Will showed that it was executed at place ‘M’ – As health of testator was in bad condition, case that execution of the Will was at a far away place was also a matter casting suspicion – Nothing was on record to show that the testator had executed the Will after understanding its contents – Concurrent findings that execution of Will was not proved and circumstances surrounding Will were suspicious were proper.
Hindu LawAIROnline 2019 MAD 2558-Affirmed

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