- Where, the validity of the Will is challenged on the ground of fraud, coercion or undue influence, the burden of proof would be on the person seeking to impeach the will. In a case where the Will is surrounded by suspicious circumstances, it would not be treated as the last testamentary disposition of the testator, unless evidence proves that it is genuine or the person impeaching it’s genuineness fails to prove so.
- Though the following is not an inclusive list of such suspicious circumstances or is not exhaustive, as other circumstances could be present, the following are some circumstances that may prove the Will not being genuine.
Suspicious circumstances like the following may be found to be surrounded in the execution of the Will :
(i) The signature of the testator may be very shaky and doubtful or not appear to be his usual signature.
(ii) The condition of the testator’s mind may be very feeble and debilitated at the relevant time.
(iii) The disposition may be unnatural, improbable or unfair in the light of relevant circumstances like exclusion of or absence of adequate provisions for the natural heirs without any reason.
(iv) The dispositions may not appear to be the result of the testator’s free will and mind.
(v) The propounder takes a prominent part in the execution of the Will.
(vi) The testator used to, sign blank papers.
(vii) The Will did not see the light of the day for long.
(viii) Incorrect recitals of essential facts.
The above are all matters of evidence.
The circumstances above have been enumerated by the Supreme Court in Bharpur Singh v. Shamsher Singh AIR 2009 Supreme Court 1766 .
What therefore happens if a will is held to be non-genuine. The answer is simple. The law of succession applicable to the testator takes over and the estate is then administered in accordance with the applicable law.