It is well established and it stands reiterated by the Apex Court in Bharpur Singh and Ors. vs. Shamsher Singh (2009) 3 SCC 687 and the suspicious circumstances, which are likely to surround the execution of a Will, highlighted are as under:-
(i) The signature of the testator may be very shaky and doubtful or not appear to be his usual signature.
(ii) The condition of the testator’s mind may be very feeble and debilitated at the relevant time.
(iii) The disposition may be unnatural, improbable or unfair in the light of relevant circumstances like exclusion of or absence of adequate provisions for the natural heirs without any reason.
(iv) The dispositions may not appear to be the result of the testator’s free will and mind.
(v) The propounder takes a prominent part in the execution of the Will.
(vi) The testator used to sign blank papers.
(vii) The Will did not see the light of the day for long.
(viii) Incorrect recitals of essential facts.
The circumstances narrated hereinbefore are not exhaustive.
It is an established rule of law that the propounder of the Will has to prove its due execution, as provided under Section 63 of the Indian Succession Act, 1925.
