1984 Supreme(AP) 294

Andhra Pradesh High Court
Judges : P.C.MISRA, G.B.PATNAIK
Sarada Charan Misra - Appellant
Versus
Smt Prafulla - Respondent
F.A.No.63/1972
Decided On : 08-14-84

Headnote:Succession Act (39 of 1925), S.63 - Execution of Will - Nature and burden of proof - Suspicious circumstances not being satisfactorily explained - Propounder was not entitled to any relief.

       Held: The propounder of the will has to prove that it conforms to the requirements of S.63 of the Act. The burden to prove its execution and attestation is on the propounder. The nature of proof required is the same as in the case of any other document and the usual test to be applied is that of satisfaction of the prudent mind. But the obvious absence of the testator introduces an element of solemnity in the decision on the question as to whether the document propounded is proved to be the last will and testament of the departed testator. In addition to the statutory requirements under S.63 the propounder is bound to prove by satisfactory evidence that the testator signed the will while in a sound and disposing state of mind and understanding the nature and effect of the dispositions and put his signature on the document of his own free will. The propounder is also bound to remove all doubts in the mind of the Court where the will is surrounded by suspicious circumstances. In the instant case the evidence of the attesting witnesses was not consistent so as to raise doubts about their presence at the time of alleged execution. The signature on the alleged Will did not reasonably tally with the admitted signature of the testator. The varying space between the lines was not properly explained. The draft will which was alleged to have been approved and signed by the testator and the partition deed said to have been brought for preparing the will were not produced. None of the doctors who had treated the testator during the period he was in hospital was examined to prove his mental and physical state. The Bed head report also showed steady decline in the medical condition of the testator from his admission on 11-1-68 till he died on 24-1-68. The will was alleged to have been executed on 21-1-68. In the circumstances it must be held that the propounder had failed to discharge his burden of proof.