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Thangam & Anr. vs. Navamani Ammal (SC)

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Indian Succession Act, 1925–Sec. 63–Will–Establishment–As per the evidence of witnesses, it cannot be said that the testator was not in good senses and was unable to understand or take a correct decision–Will cannot be held to be suspicious on the ground of the alleged ill health of the testator at the time of its execution–PW 4 who is the scribe of Will stated that the testator put his thumb impression on the Will and he witnessed the same–He further stated that the Will was registered in the office of Registrar–As per the evidence of PW 4, the testator was fully conscious of the welfare of his widow and minor daughter as the sufficient property was left for them–Attesting witnesses witnessed the testator putting thumb impression on the Will–Noting on record to show that the appellants were taking care of the property left by the testator immediately after his death–High Court rightly held that the Will was not surrounded with the suspicious circumstances.