Sarkaria, J. - (1.) These appeals by special leave are directed against a judgment of the High Court of Allahabad. The dispute here centres around a will dated 18-9-1960 executed by a widow, Smt. Chandi Rani, whereby she bequeathed all her moveable and immovable property in favour of Girdhari Lal Munucha, respondent herein. The legatee-propounder is the grandson of the brother of the testatrix, while the appellants herein, who contest the factum and validity of the will, are the sons of her husband"s brother.
(2.) Reversing the finding of the civil judge, Faizabad, the High Court has held that the will was duly executed by Smt. Chandi Rani and is valid.
(3.) Mr. Iyengar, appearing for the appellants, contends that there were a number of suspicious circumstances surrounding this will, which had not been satisfactorily explained by its propounder. Such circumstances enunciated by the Counsel are: (1) At the time of making the will, the testatrix was virtually living in confinement under the control of the respondent. She was not free to meet the appellants, nor had she access to any independent advice. (2) Smt. Chandi Rani must be in failing senses or coma at the time of the alleged execution of the will because - (a) She died the same day, a few hours of the alleged will; and (b) the will bears her thumb-mark, though she was proficient enough to write letters in Hindi and sign her name. (3) The will was not got registered on the very day of its execution, but on the 10th November, 1960, about three weeks after the death of the testatrix. (4) The will is couched in general terms and is bereft of any recital as to the particulars of the property held by the testatrix. (5) There is no indication anywhere in the will or in the evidence of the witnesses as to the precise time of its execution.;