No Requirement To Prove Authenticity Of Will If Testator Admits To Its Execution In Pleadings

The Karnataka High Court ruled that if a testator has admitted executing a Will in court proceedings, its authenticity need not be further proven under Sections 67, 68, and 70 of the Bharatiya Sakshya Adhiniyam, 2023.

The Court dismissed a petition challenging the legal heirship claim. 

The court held that Tayawwa, the deceased, had already acknowledged executing the Will in her pleadings, making further proof unnecessary.

It clarified that verification is required only if the testator denies the Will’s execution. 

Consequently, the petition was dismissed, upholding the validity of the Will.