Advocates appeared:
Narender Yadav and Rameshwar Prasad Goyal, Advs
Ram Lal Gupta, Vikas Mahajan, Vishal Mahajan and Dharam Bir Raj Vohra, Advs.

Key Points: - The Will must be attested by two or more witnesses and proven through Section 63 and Section 68 of the Evidence Act; execution must satisfy the formalities and attestation requirements (!) (!) (!) - Section 63 requires signing by testator or in his presence by another, place indicating intent, and attestation by two or more witnesses who sign in the testator’s presence (!) - Section 68 allows proof of execution through at least one attesting witness, with the court ensuring the attestation and due execution are proven, potentially requiring additional attesting witnesses to corroborate (!) (!) - Proving a Will may involve considering suspicious circumstances, particularly if the testator was elderly, there were deviations from normal practice, or beneficiaries participated in execution; courts must assess these factors before granting probate (!) (!) (!) - The High Court’s power under Section 100 CPC is limited to substantial questions of law and to reconsider findings of fact only if a substantial question of law arises (!) (!) - Witness testimony and the manner of execution, including whether the Will was scribed by a village official, presence of multiple witnesses, and natural conduct of family members, are relevant to establishing genuineness (!) (!) (!) - The absence of production of a Panchayat/record does not by itself negate the Will’s execution if other statutory requirements are satisfied and concurrent courts have found validity (!) - Probate decisions are judgments in rem requiring the court to satisfy its conscience and consider whether the Will conforms to the Act’s provisions; deprivation of inheritance alone is not determinative but is a factor (!) (!)

What is the proper proof requirements for execution of a Will under the Indian Succession Act, including the roles of Section 63 and Section 68?

What factors constitute suspicious circumstances affecting the genuineness of a Will and the Court’s approach to probate?

What is the appropriate scope of the High Court’s jurisdiction under Section 100 of the CPC when reviewing concurrent findings of fact in Will litigation?