Hansaria, J. - (1.) A will contains the last desire of testator/testatrix. The Courts, therefore, normally act in accordance with the wishes of the person concerned. But then, if the Courts were to doubt either genuineness or voluntarirness of the maker of the will, they would be loathe to work in accordance with what has been stated in the will. To put it differently, if the will is surrounded by suspicious circumstances, the removal of which is the burden of propounder, the will would not be probated.
(2.) In the appeal at hand, we are concerned with a will said to have been made by one Saroj Bala on 30-11-1966. This was followed by two codicils dated 2-2-1968 and 21-11-1969. Saroj Bala passed away on 13-1-1971 at the age of 90. On the petitioners, who were named as executors in the will, approaching the Court of Addl. District Judge, Alipore, for obtaining probate of the will, read with the codicils, the same was refused, as the learned trial Judge felt that these were surrounded by suspicious circumstances. On appeal being preferred, the High Court at Calcutta also took the same view. Hence this appeal by special leave.
(3.) A perusal of the two impugned judgments shows that the following were regarded as suspicious circumstances: (1) Deprivation of the natural heirs by the testatrix. (2) Identification of the testatrix before the Sub-registrar by an Advocate of Calcutta who had acted a lawyer or one of the executors in some cases. (3) The witnesses to the documents were interested in the appellants. (4) Active part played by one Subodh, a close relation of Rabindra, one of the executors, in getting execution of the will. He has been described as ubiquitous. ;