A. Indian Succession Act, 1925 (39 of 1925), Section 63(c) – Indian Evidence Act, 1872 (1 of 1872), Section 68 – Will – Suspicious circumstances -- Court cannot put the testator in its shoes, and Court should step into his – Court cannot substitute its opinions in place of that of the testator; his desire prompted by his own justifications -- As is trite, Court would only ensure that, sitting in the arm-chair of the testator the rule of prudence is satisfied for the exclusion.

(Para 28)

B. Indian Succession Act, 1925 (39 of 1925), Section 63(c) – Indian Evidence Act, 1872 (1 of 1872), Section 68 – Will – Deposition on leading question in cross-examination – Evidential value -- Presence of the testator and the attesting witnesses and the signatures affixed on the will by each of them have been stated by DW-2 in his deposition – Attestation by other witness was not deposed to -- High Court found that though in the examination-in chief, the witness did not depose on the attestation by the other witness, in cross-examination to a leading question he answered that all persons signed on the will on the date when the witness signed the same – High court held that that by the leading question, the answer was put in the mouth of the witness and hence, it lacks probative value and fell short of the mandate u/s 63(c) of the ISA, 1925 read with Section 68 of the IEA, 1872 – Held, what was lacking in the examination-in-chief was brought out in the cross examination by way of a positive suggestion -- Leading questions are permitted in cross-examinations and the response elicited cannot be said to have lesser probative value -- Testator was also established to be of sound and disposing mind at the time of execution of the will -- There can be no interference to the Will which stands proved unequivocally.

(Para 6, 29)