Execution of Will should be video recorded: Delhi HC

Last Updated: Friday, October 9, 2009 - 21:45

New Delhi: The Delhi High Court on Friday
suggested the Delhi government make video recording of the
entire process of execution of a Will at the time of
registration to make the courts` task easier and transparent.

While disposing of a property dispute with the help of
nearly three decade-old recorded video of the Will Execution,
Justice S Muralidhar said "the making of the video of the
execution of the last Will in the present case has made the
task of the Court easier in arriving at its conclusion as to
its genuineness".
"Although the Information Technology Act IT ACT) was not
in operation when the video recording was made of the
execution and attestation of the Will....," said the court and
directed a probate to be issued in favour of Sayar Kumari who
had approached the court through counsel Arun Mohan for the
Kashmiri Gate property.

"With the availability of inexpensive gadgets like
webcams, portable and desk top computers and connectivity
through internet, it should be possible to make a video
recording of the entire process of execution of a Will at the
time of registration (by focusing on the executor of the Will
and the attesting witnesses," the court said.
"It should be possible to have a certified copy of such
video recording clip...This will eliminate to a large extent
questions of genuineness or the capacity of the testator to
make the Will," the court observed.

Justice Muaralidhar suggested that the NCT government,
in consultation with the National Informatics Centre, provide
the video recording facilities to the Will registration
authorities here.

Bureau Report

First Published: Friday, October 9, 2009 - 21:45

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