LEAVING MY LEGACY ONLINE– WEIGHING THE VIABILITY OF RECOGNISING DIGITAL WILLS IN INDIA
The issue of digital wills is one which is attracting attention in legal circles world over. With increasing dependence of the general public on technology, the day such an essential document is drafted and stored on a gadget is not far. However, aside technological dangers this revolution has the power to change the way family and succession laws functions. In India, welcoming such a revolution requires caution. There persist continual challenges in terms of the way digital evidence is recorded, the genuineness of a digital signature along with the question of its validity in probate proceedings, etc. Besides the judgment rendered in Anwar P.V. P.K Basheer, there remains little or no guidance on admissibility of digital evidence, further exacerbating the uncertainty of the proposition of digital wills. This paper analyses the prospects such a possibility is accompanied with to gain clarity as to whether India is ready to take on the wave of digitisation of wills. The author shall also present arguments against the creation of a new legislation to address such phenomena and instead focus on an approach which allows the Courts the active role it still holds during probate proceedings.
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