NARESH CHARAN DAS GUPTA vs PARESH CHARAN DAS GUPTA

The Supreme Court held that once a will is executed with due solemnities by a competent person, the burden of proving undue influence lies on the challenger, as per Section 63 of the Indian Succession Act, 1925. The Court clarified that not all influence is undue; legitimate persuasion is permissible unless it overpowers the testator's volition. The judgment emphasized that the presence of attesting witnesses is a factual determination and cannot be dismissed solely based on their testimony regarding presence during signing.