Time to use technology to register will to ensure unequivocal proof of its execution: Karnataka High Court

There is a need to make better use of technology in the archiving of wills to ensure that the sub-registrar’s office has an unambiguous, reliable and clinching record of proof of death through video recording of the testator’s statement and attestation of witnesses. Karnataka High Court said.

The court has facilitated the option of video recording the statement of the testator and attesting witnesses with appropriate provisions in the law, testifying the implementation in the offices of sub-registrars currently equipped with computer systems and web cameras. A will with necessary safeguards to ensure confidentiality helps the court to decide disputes regarding the execution of the will.

Since colonial times

Also, the court pointed out that there has been no change in the concept and proof of wills introduced under the colonial rule through the Indian Succession Act, 1925, and the Indian Evidence Act, 1872, and there has been no change in the Bhataria Competent Act, 2023 either. There is no change in the mode of proof of will.

Justice Anant Ramanath Hegde made these suggestions while hearing an appeal filed by 62-year-old Indiramma of Kuduthini village in Ballari district and others against the order passed by a civil court in Ballari in a dispute over the execution of a will.

“The witness may not be in a position to give an accurate account of what happened when the will was executed or signed as an attesting witness. Sometimes, a witness may proceed with the testator. Even though the law has provided for different evidence in such cases, the fact remains that there is no good witness,’ said the court.

Proof of will

The court pointed out that under prevailing law the proof of a will and the execution of a testator’s final will depend entirely on the ability of the witness to testify to face cross-examination by a skilled and trained attorney. In such a case, the court said, even if the will is genuine, the witness may demur, which renders the will inadmissible. “A will, which is the final will of the testator, must be governed by his wishes, and should not be lost in the complicated process of proof,” the court said.

Justice Hegde said that the need to use technology in registration was discussed to invite attention of stakeholders for meaningful deliberations and find a solution so that real never fails or fake never succeeds in the court of law.