Will--Suspicious circumstances--Testator disinherited her four daughter and executed Will in favour of distant relative--It is suspicious circumstances in instant case--Registration of Will and contention that testatrix was not looked after by natural heirs not of much significance. Will was a registered one, but the same by itself would not mean that the statutory requirement of providing the Will need not be complied with. Will must be proved in terms of Section 68 of Evidence Act and Section 63(c) of Succession Act--For proving the Will, provisions of Section 90 of Evidence Act are not applicable.

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Muslim Law—Succession—Marriage of a Muslim man with a Hindu Woman is merely an irregular marriage—Child born out of such wedlock is legitimate and entitled to claim a share in his father's property.

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Will can be proved by examining at least one witness--Alongwith it has to be shown that it was free from suspicious circumstances--Transfer of Property Act, 1882, Section 3--Evidence Act, 1872, Section 68--Succession Act, 1925, Section 63(c).--It may be true that deprivation of a due share by the natural heir by itself may not be held to be a suspicious circumstance but it is one of the factors which is taken into consideration by the courts

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Succession Law--Will-- Probate of--A probate when granted binds the whole world--It is a judgment in rem--The Executor, therefore, has to administer the estate of the testator in terms of the Will and not on the basis of the settlement arrived at by and between the parties which would be inconsistent with the terms of the Will--In case of any conflict between the terms of the Will and the settlement, the former will prevail

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Will--Will is required to be attested and therefore, it cannot be used as evidence until at least one of attesting witness is called for the purpose of providing its executions provided such attesting witness is alive and subject to the process of Court and capable of giving evidence. Pleading--Non filing of Replication--Mere non filing of a replication does not and could not mean that there has been admission of facts pleaded in written statement.

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Probate-- If a person who has even a slight interest in the estate of the testator is entitled to file caveat and contest the grant of probate of the will of the testator.

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Succession—Life Interest—Testator of suit property gave ownership rights to his children and life interest to his wife by way of right to live in the suit house and collect rent for her maintenance—Such "life interest" does not get ripen into an "absolute interest".

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Will—To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature of testator. Expert Evidence—If the scientific investigation of the document in question facilitates the ascertaining of truth, it can be done even after closure of the evidence from both sides.

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Succession Act, 1963, S.63—Will-Suspicious Circumstance—Beneficiary of Will deposed that in lieu of services rendered by him testator had executed the Will in his favour-But as per evidence on record beneficiary was in Army service from year 1960-1979, where as the Will was executed in the year 1970—Apart from beneficiary no other family members gave statement in support of services rendered by them—Will though was registered but discarded -- Will—Proof of Execution—For proving the Will not only statutory requirements are to be satisfied but the Will should be ordinarily free from suspicious circumstances

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