BENGALURU: A suitable provision in law to facilitate an option to record the statement by the testator-will executor and the attesting witnesses in a court, testifying about the execution of a will, with necessary measures or safeguards to ensure confidentiality, will go a long way in assisting the courts in discharging its function in adjudicating the dispute surrounding the execution of the will, said the Karnataka High Court.
While disposing of the dispute involving the will, the court noted that the concept of will and proof of will introduced in the colonial regime through the Indian Succession Act, 1925 and Indian Evidence Act, 1872 has not witnessed any change.
Even in Bharatiya Sakshya Adhiniyama 2023, there is no change in the mode of proof of a will, said the court, adding that this issue is discussed only to invite the attention of the stakeholders for meaningful deliberation and to find a solution to ensure that a genuine will never fails or a fake will never succeeds in a court of law.