. Heard learned counsel for the appellant and learned
counsel for the Respondents.
9. Learned counsel for the appellant submitted that the
appellant has proved execution of the Will by attesting
witnesses, testamentary capacity of the testatrix and voluntary
nature of execution of the Will and despite such proof, the Court
below wrongly dismissed the probate petition. It was submitted
that the deceased voluntarily executed the Will in a sound state
of mind in favour of the appellant, who had been taking care of
her. Learned counsel contended that the requirements under
Section 63 of the Indian Succession Act and Section 68 of the
Evidence Act were fully complied with because the attesting
Patna High Court FA No.19 of 2020 dt.08-07-2026
witnesses proved with regard to execution of the Will. In this
regard, reliance was placed on H. Venkatachala Iyengar v. B.N.
Thimmajamma reported in (AIR 1959 SC 443) to emphasize
that suspicious alone cannot override clear proof of execution
and attestation.
