Testamentary proof and benami defence: attestation, surrounding evidence, and genuine suspicion determine validity of a Will.

Testamentary proof requires due execution and attestation under the governing evidence law, and an attesting witness' testimony, supported by credible corroboration, can establish a valid Will even where the document was registered later. Benami objections will not succeed where the purchase pre-dates the Benami Transactions (Prohibition) Act, 1988 and the surrounding evidence on consideration, possession, conduct, and family relationship supports a benami arrangement. Allegations of suspicion must relate to the execution of the Will itself; age, timing of registration, differing witnesses, or delay in seeking relief are insufficient without genuine evidence of fabrication, coercion, or other suspicious circumstances.

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Issues: (i) Whether the Will dated 06.03.2005 was duly proved in accordance with law by satisfying the requirements of execution and attestation; (ii) Whether the claim was barred or defeated by the Benami Transactions (Prohibition) Act, 1988; (iii) Whether the alleged suspicious circumstances and delay justified refusal of letters of administration.

Issue (i): Whether the Will dated 06.03.2005 was duly proved in accordance with law by satisfying the requirements of execution and attestation.

Analysis: The propounder had to establish due execution and attestation under the governing testamentary and evidence law. The testimony of one attesting witness, supported by the admission of the other attesting witness, showed that the testatrix executed the Will in the presence of both attesting witnesses. The later registration of the Will did not dilute proof of execution, and the evidence of the attesting witnesses was found to be natural and reliable. The objection that an affidavit of an attesting witness filed with the petition was not separately marked was held immaterial, as the rules required filing of the affidavit and not its exhibition as evidence.

Conclusion: The Will was duly executed and attested, and the statutory requirements for proof were satisfied in favour of the appellants.

Issue (ii): Whether the claim was barred or defeated by the Benami Transactions (Prohibition) Act, 1988.

Analysis: The property was accepted on the evidence as having been purchased by the father of the appellants in the name of the testatrix long before the Benami Transactions (Prohibition) Act, 1988 came into force. The Court applied the accepted indicia for determining a benami transaction, including source of consideration, possession, conduct of parties, and relationship. The evidence showed that the father and later the appellants were in possession, the testatrix never asserted a contrary claim during her lifetime, and the Will itself recited the real source of purchase. The statutory prohibition was therefore held not to operate retrospectively to defeat the transaction.

Conclusion: The benami plea was not hit by the Act and did not defeat the appellants' claim.

Issue (iii): Whether the alleged suspicious circumstances and delay justified refusal of letters of administration.

Analysis: The alleged suspicion based on age of the testatrix, later registration, different witnesses for execution and registration, registration during lunch hours, and delay in filing was rejected. The Court held that suspicion must relate to the execution of the Will and must be germane to the transaction itself. The evidence showed that the testatrix was mentally sound, the respondent herself had signed as attesting witness, and the later registration supported the genuineness of the Will rather than undermining it. The delay in approaching the Court was explained by non-availability of the original Will and was not shown to be mala fide or fatal.

Conclusion: No suspicious circumstance was proved so as to invalidate the Will or justify refusal of letters of administration, and the appellants succeeded.

Final Conclusion: The testamentary challenge failed, the Will was held validly proved, and the appellants were entitled to the relief sought.

Ratio Decidendi: In contested testamentary proceedings, due execution and attestation proved by an attesting witness, coupled with credible supporting evidence, will prevail unless the caveator establishes genuine suspicious circumstances or a legally sustainable defence; later registration and unsupported allegations of coercion or fabrication do not, by themselves, defeat a duly proved Will.

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