Name of Testator: Bhanwari Devi

Age: 86 years

City: New Delhi

Summary: Creating a video recording while signing your Will can play an important part in proving the Will’s validity. This case study shows how such a recording ended up being the deciding factor in proving the genuineness of Bhanwari Devi’s Will. 

Was there a Will: Yes

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The court's reliance on video recording in this case set a precedent, making videos an acceptable form of proof in Will-related cases. This pushed authorities to adopt modern technology, such as video recording, webcams, and digital storage, to ensure secure documentation and reduce the likelihood of future disputes over Will validity.

Story

In the midst of a complex family structure, Bhanwari Devi's relationships spanned generations. She was married to Johri Mal Bengani, and together they had a son, Sagar Mal Bengani. Sagar Mal and his wife took in an adopted son, Amrao Singh, who in turn was married to Sayar Kumari, Bhanwari’s  granddaughter in law, and the Executor of her Will.

The case of Sayar Kumari vs. State and Ors. (9th September, 2009, High Court of Delhi, Suit No. 29 of 1985), highlighted the importance of video recording the signing of a Will. The recording presented as evidence  turned out to be the key determinant in proving the genuineness of Bhanwari Devi’s Will.

The Executor, Sayar Kumari, sought probate of Bhanwari Devi’s Will, but the Will was challenged by Sagar Mal, her son, as he had been excluded from it. Bhanwari Devi had expressed displeasure with his behaviour earlier, even issuing a public notice in her lifetime, which reiterated the same. To resolve the dispute, the court examined a prior Will which showed similarities to her last Will. However, Sagar Mal, raised doubts about the authenticity and thumb marks on both Wills, and questioned their validity.

At this critical juncture, the court was given a video recording of the execution of the Testator’s last Will, where the contents had been read out to her. Apart from this, the Will was also backed by testimonies given by the Witnesses regarding its genuineness.

The burden of proving the Will's lack of genuineness rested on the son, which he failed to prove adequately. On the other hand, the executor, Sayar Kumari, produced cogent evidence supporting Bhanwari Devi’s sound mind, including the doctor’s affirmation of the same.

The court recognised the importance of video evidence in such cases and relied on it to verify the Testator’s sound mental disposition during the Will's execution, observing that the video had made it easier to arrive at a conclusion as to the genuineness of the Will.

The court also cited that although the Information Technology Act, 2000 (“IT Act”) was not in operation when the video recording was made, the evidence by way of video recording was still admissible for proving the Will.

The court's reliance on video recording in this case set a precedent, making videos an acceptable form of proof in Will-related cases. This pushed authorities to adopt modern technology, such as video recording, webcams, and digital storage, to ensure secure documentation and reduce the likelihood of future disputes over Will validity.

Bhanwari Devi's case shows the growing importance of video recording in preserving the true intentions of the Testator, enhancing assurance, and safeguarding against potential disputes over the validity of Wills.

Challenges

The key challenges faced by the court in establishing the authenticity of Bhanwari Devi's last Will were:

1. Dispute over validity: Dealing with a family feud, the court faced challenges from Bhanwari Devi's son, Sagar Mal Bengani, who questioned the genuineness of both the last Will and a prior Will.

2. Verification of mental disposition: The court had to ascertain Bhanwari Devi’s mental state during the Will's execution, which the video recording played a crucial role in verifying.

3. Admissibility of video evidence: There was uncertainty about the admissibility of video evidence, given that the IT Act was not in operation when the video was made, requiring the court to consider prior Supreme Court judgements in support of the video recording as evidence of genuineness of the Will.

Learnings

The key learnings we can take from Bhanwari Devi's last Will, particularly from the perspective of ensuring safety and authenticity of one’s Will, are:

·  Adding a video recording while creating a Will enhances its security and genuineness. The recording can be seen as evidence of the Testator's intentions and mental disposition.

·  A well-preserved video recording can clearly identify the Testator's wishes and mitigate family feuds, reducing the risk of legal challenges to the Will's authenticity.

·  Embracing modern technology like video recording and digital storage can ensure secure documentation for a smoother execution of the estate.