Succession Act, 1925 – S. 63 – Evidence Act, 1872 – S. 68 – Legal principles with regard to the proof of a will.
Will – A mere exclusion of either brother or sister per se would not create a suspicion unless it is surrounded by other circumstances creating an inference. In a case where a testatrix is accompanied by the sister of the beneficiary of the Will and the said document is attested by the brother, there is no room for any suspicion when both of them have not raised any issue.
Hindu law – Will – Construction – General Principles – Presumption against intestacy – A presumption against intestacy may be raised if it is justified by the context of the document or the surrounding circumstances; but it can be invoked only when there is undoubted ambiguity in ascertainment of the intentions of the testator. AIR 1951 SC 103 : 1950 SCR 949