Proof of Will requires due execution plus removal of suspicious circumstances before a court will accept validity.

A propounded unregistered Will must be proved by due execution and attestation under the Indian Succession Act and the Evidence Act, and the propounder must also remove any suspicious circumstances surrounding its making. Here, inconsistencies about the testator's health, the beneficiary's role in preparation and custody, the stamp papers, the place of execution, and whether the testator understood the contents were left unexplained. The concurrent findings that these doubts remained unresolved were not shown to be perverse, so the Will was treated as not genuinely or validly executed and the challenge to it failed.

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Issues: Whether the unregistered Will dated 06.04.1990 was proved in accordance with law and free from suspicious circumstances.

Analysis: The appellants, as propounders of the Will, were required to establish due execution and attestation under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872. Mere examination of an attesting witness was not sufficient where surrounding circumstances created doubt. The evidence showed material inconsistencies regarding the testator's health, the role of the beneficiary in the preparation and custody of the Will, the purchase of stamp papers in the beneficiary's name, the place of execution, and the absence of satisfactory proof that the testator understood the contents before signing. The concurrent findings of the courts below that these circumstances remained unexplained were not shown to be perverse.

Conclusion: The Will was not proved to be genuine or validly executed, and the challenge to it failed.

Final Conclusion: The appeal could not succeed because the concurrent rejection of the Will was justified on the evidence and the plaintiffs' partition decree was sustained.

Ratio Decidendi: A propounded Will must be proved not only by formal compliance with execution and attestation requirements, but also by satisfactorily removing any suspicious circumstances surrounding its making.

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