The proponent of a will has the burden of proving its genuineness and bona fides, especially when there are suspicious circumstances. Unnatural and suspicious provisions in a will may raise doubts about its validity.

DAS, J.

( 1 ) THIS is an appeal against the judgment of the learned Dist J. of Cuttack, granting probate to one Fagu Prusti, of the will of one Narayan Prust. The appct is the brother of the testator, who is also the executor under the will. The objector, who is the applt before us, is the wife of the testator. The will is said to have been executed on 30-5-38. The testator admittedly died two months thereafter on 2-8-1938. He was about 35 years old at the time of his death. He left him surviving the applt, his wife Nilambar Bewa, and a daughter aged about 6 years, Padma De. Subsequent to the birth of his daughter, he appears to have had two male children, one after another, but they had both died before the date of the alleged will. It would appear from the evidence of the applt that the second of the male children was born about a year prior to the testator's death and died when he was a baby less than 10 months' old. The will purports to be executed in favour of one Brajabandhu Prusti, the minor son of Fagu Prusti, the resp. In support of the due execution of the will, two persons purporting to be the attestors thereof, nave been examined as P. Ws. 1 and 2 and the will has been marked as Ex. 1. The wife who has examined herself as D. W. 1 and who appears to be literate and claims to be acquainted with the writing and signature of her husband, denies that the signature in the alleged will is that of her husband. The will also purports to bear the thumb impression of the testator. No documents have been filed on either side for comparison of the alleged signature or thumb impression in the will. The will has not been registered and it has been produced by the resp for the first time in the year 1941 in connection with certain land revenue proceedings. It would appear that the applt, Nilambar bewa, applied for mutation of her name in the place of her deceased husband in respect of his properties. But the resp, Pagu Prusti objected on behalf of his minor son and produced the will in support of his objection before the Revenue Ct as appears from Ex. 4, the order in the land-revenue proceedings dated 24-10 41. The proceedings terminated against the applt and we have been informed at the Bar that the applt has thereupon filed a title-suit which is now pending and has been stayed to await the disposal of this appeal.

( 2 ) THE applt has, in addition to challenging the genuineness of the will, contended that her husband died undivided, implying thereby that the will is invalid. This contention has presumably been raised with a view to take advantage of the provisions of the Hindu Women's Rights to Property Act of 1937, which has been made applicable retrospectively to the agricultural property in Orissa by Orissa Act of 1944. She has also raised the contention that the properties of the testator disclosed in the probate proceedings and specifically mentioned in the will are far less than what the testator died possessed of. Neither of these questions, namely, as to the testamentary capacity of the testator or the extent of the properties in respect of which the will may become operative are matters with which the Ct is concerned in these probate proceedings. It is therefore unnecessary to say anything regarding the same. It may also be mentioned that under the terms of the alleged will, the appct is to be the executor only during the minority of his son who, at the time of the alleged execution of the will, was 14 years old as spoken to by P. W. 1 and who therefore must have been major by 1944 when this appln was made. It is doubtful whether under the circumstances, the appct had a right to apply for the probate. No such question has been raised before us and it is unnecessary therefore to say anything further about it.

( 3 ) WHEN an appln is made for the grant of probate of a disputed will, the Ct called upon to do so has to be fully satisfied that the document has been duly and validly executed and attested and that it is the l