Probate of Will can be granted to its executor only when its execution is free of any suspicious circumstances.

The petitioner was seeking grant of probate of will allegedly executed by the Testator. On due examination, the Will was neither found to be registered, nor notarized, though attesting witnesses to the Will was the Court clerk of the Advocate, who prepared the Will. Only explanation offered by the Petitioner in respect of the documents executed in his favour by the Testator was that it was done out of love and affection, which appeared unbelievable. It appeared that the Petitioner in connivance with the attesting witnesses, hatched a conspiracy to usurp the estate of the Testator, who apparently suffered from depression, was not married and did not have any close relatives. The Delhi High Court found that the petitioner failed to clear thick clouds of suspicious circumstances hovering over the genuineness and validity of the Will. The petitioner cannot be granted probate.