Kerala HC : S. 70 BSA Can’t Override Mandatory 'Will' Execution Norms Laid Down U/S 63(c) of the ISA

The Kerala High Court has ruled that Section 70 of BSA or (Section 71 of the IEA) cannot override the mandatory requirements of Section 63(c) of the Indian Succession Act for proving a Will.

The court ruled that a Will cannot be validated unless at least one attesting witness confirms it as per Section 63(c). While the evidence of a beneficiary can be considered as "other evidence," it cannot substitute this requirement.

However, if the attesting witness is found unreliable, the court can examine their intent, particularly in cases involving suspicion of bad faith.