Key Points: - The onus to prove a will lies on the propounder, and proof of testamentary capacity and testator’s signature suffices in the absence of suspicious circumstances (!) . - In the presence of suspicious circumstances, the propounder must dispel them to the court’s satisfaction before the will is accepted as genuine (!) . - The required elements of due execution include: testator’s signature, sound disposing mind, understanding of the disposition’s nature and effect, and signing in the presence of two attesting witnesses who sign in the testator’s presence (!) . - Attestation must be in the presence of each other and the testator; the witnesses must witness the signing (!) . - Testimony of the scribe and attesting witnesses, corroborated by a handwriting expert, can establish due execution and genuineness of the will (!) (!) . - Mere presence of a person at the time of execution is not by itself proof of taking a prominent part in execution (!) . - Delayed registration of a will does not by itself cast doubt on its execution if other evidence supports validity (!) (!) .

What is the required mode of proving a will under Section 63 of the Indian Succession Act, 1925?

What are the circumstances under which the onus to prove a will shifts to the propounder in the presence of suspicious circumstances?

What constitutes due execution and attestation of a will, and how do the statements of the scribe, attesting witnesses, and handwriting expert affect its validity?