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PETITIONER: NARESH CHARAN DAS GUPTA
Vs.
RESPONDENT: PARESH CHARAN DAS GUPTA
DATE OF JUDGMENT: 02/12/1954
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA MAHAJAN, MEHAR CHAND (CJ) BHAGWATI, NATWARLAL H. JAGANNADHADAS, B.
CITATION: 1955 AIR 363 1955 SCR (1)1035
ACT: Will-Executed with due solemnities by a person of competent understanding-Onus of proving undue influence-Undue influence -Meaning of-Indian Succession Act, 1925 (XXXIX of 1925), s. 63-Due attestation-Proof of.
HEADNOTE: When once it has been proved that a will has been executed with due solemnities by a person of competent understanding and apparently a free agent, the burden of proving that it was executed under undue influence is on the person who alleges it. It is well-settled that it is not every influence which is brought to bear on a testator that can be characterised as "undue". It is open to a person to plead his cause before the testator and to persuade him to make a disposition in his favour. And if the testator 133 1036 retains his mental capacity and there is no element of fraud or coercion, the will cannot be attacked on the ground of undue influence. All influences are not unlawful. Persuasion, appeals to the affections or ties of mankind, to a sentiment of gratitude for past services or pity for future destitution, or the like,-these are all legitimate and m...