While deciding on the first wife’s appeal against these orders, the Supreme Court noted that there were strict requirements to test the validity of a will to rule out any possible manipulation.
“Since the testator/testatrix, at the time of testing the document for its validity, would not be available for deposing as to the circumstances in which the Will came to be executed, stringent requisites for the proof thereof have been statutorily enjoined to rule out the possibility of any manipulation,” the Court said.
However, the bench found that, in this case, there was no evidence to conclude that the deceased man, was unfit or in an unstable mental condition, or under undue influence or suspicious circumstances, when the will was executed.
Source: Barandbench
