The onus of proving the genuineness of a Will lies heavily on the propounder when it is shrouded with suspicious circumstances.

P.C. Agrawal, J.—Appellants on 25-4-1989 filed a civil suit for declaration that the Will dated 9-1-1982 allegedly executed by late Smt. Nanhibai in favour of Respondent is forged, fabricated and void and for possession of Khasra No. 80/1, area 8.81 acres, in village Bharkawari, Tahsil and District Betul (to be called as suit land).

2. Suit land was owned by late Dina. On his death in the year 1937-38 the land was inherited by his widow Smt. Nanhibai. Smt. Girjabai was daughter of late Dina. Appellants are sons and daughter of late Smt. Girjabai. Late Smt. Girjabai and Appellants used to reside at Jabalpur.

3. As per plaint, late Smt. Nanhibai was mother of late Smt. Girjabai. She was an old and infirm lady of about 86 years of age at the time of her death on 5-3-1982. She was ill and confined to bed and was not in full senses. She was being looked after by her servant Manorilal (PW 3) who used to cultivate the suit land. The Appellants with their mother Smt. Girjabai had gone to village Bharkawari to look after the old lady but could not stay there for long. After death of Smt. Nanhibai the Appellants' mother Smt. Girjabai could come to know that the Respondent had got mutated his name in revenue papers. It was learnt that a Will was created by him to support his claim. Despite objections of the Appellants revenue Courts did not enter their names. The Respondent has taken forcible possession of the suit land. Late Smt. Nanhibai had never executed any such Will which is null and void and a fictitious document.

4. On the other hand, the Respondent had claimed that late Smt. Girjabai was daughter of Smt. Tapibai alias Taptibai, who was the first wife of late Dina. After marriage of Girjabai, Dina had remarried Smt. Nanhibai whose name was mutated after his death. Late Smt. Nanhibai had executed a Will on 9-1-1982 in favour of Respondent, who is son of Raghu Kunbi and nephew of late Smt. Nanhibai. Late Smt. Girjabai or the Appellants had never cared for late Nanhibai during her lifetime. Late Nanhibai was of sound physical and mental condition at the time of execution of Will. Neither Smt. Girjabai nor the Appellants stayed with late Smt. Nanhibai during her last days nor did they perform her last rites. The Respondent cared for and tended the old lady during her last days. The Respondent has naturally claimed that the Will in his favour has been valid and operative.

5. The challenge to the impugned Will dated 9-1-1982 found favour with the trial Court who found that the Will being suspicious was void and inoperative and passed the decree for possession in favour of the Appellants. However, the first Appellate Court has held otherwise and has upheld the Will and dismissed the suit of the Appellants.

6. The following substantial questions of law were framed by this Court:

(a) whether under the facts and in the circumstances of the case the first Appellate Court was justified in holding that the Will Ex.D.l was executed by the deceased Nanhibai and was not shrouded by the suspicious circumstances, when there are material contradictions in the statement of the scribe and the two attesting witnesses?

(b) Whether under the facts and in the circumstances of the case the first Appellate Court was justified in reversing the findings of the learned trial Court which were based on due appreciation of evidence?

(c) Where under the facts and in the circumstances of the case the first Appellate Court was right in holding that the suit is barred by limitation?

7. Question (a): The law as to proof of execution and attestation is well established. The mode of proving a Will does not ordinarily differ from that of proving any other document, except as to special requirement of attestation. Onus lies on the propounder and in absence of any suspicion the proof of testamentary capacity and due execution and attestation of the Will may be sufficient to discharge the onus but when the Will is shrouded with suspicious circumstances the onus of proof of