Section 103 – Bharatiya Sakshya Adhiniyam (BSA) – Saving Of Provisions Of Indian Succession Act Relating To Wills.

Code: Section 103 Bharatiya Sakshya Adhiniyam, 2023

Nothing in this Chapter shall be taken to affect any of the provisions of the
Indian Succession Act, 1925 as to the construction of wills.

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Explanation of Section 103 BSA

Section 103 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 acts as a savings clause. It ensures that the provisions contained in this Chapter of the BSA do not override or interfere with the rules established in the Indian Succession Act, 1925, particularly those dealing with the construction (interpretation) of wills.

This section maintains a clear boundary between the general rules of evidence under the BSA and the specialized rules for interpreting wills under succession law.

Key Points:

• The interpretation of wills continues to be governed by the Indian Succession Act, 1925.
• The provisions in the current chapter of the BSA do not alter or supersede succession law.
• Courts must refer to the Indian Succession Act when resolving ambiguities or legal issues related to wills.

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Illustration

Let’s consider an example for clarity:

Suppose a will contains a vague or ambiguous phrase such as, “I leave my property to my favorite.” Under the Bharatiya Sakshya Adhiniyam, general evidence rules may not provide sufficient guidance on how to interpret such a statement.

In such cases, courts will rely on the specific interpretative provisions in the Indian Succession Act, 1925 rather than the general evidence rules under the BSA. Section 103 ensures that these succession-specific rules remain applicable and unaffected by the BSA.

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Common Questions and Answers on Section 103 BSA

1. What is the main purpose of Section 103?
   • It preserves the authority of the Indian Succession Act, 1925 in matters related to the interpretation of wills.
2. Does this mean the BSA cannot be applied to wills?
   • Not exactly. General evidentiary rules may still apply, but when it comes to interpreting a will, the Indian Succession Act will take precedence.
3. What if there is a conflict between the BSA and the Indian Succession Act?
   • The Indian Succession Act will prevail for matters concerning the construction of wills, as explicitly stated in Section 103.
4. Is this section only applicable to testamentary documents?
   • Yes. Section 103 applies only to wills and testamentary matters as governed by the Indian Succession Act, 1925.
5. How does this impact litigation related to wills?
   • It ensures that established principles of succession law are not overridden by newer general evidence laws, providing consistency in judicial interpretation.

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Conclusion

Section 103 of the Bharatiya Sakshya Adhiniyam, 2023 reinforces the autonomy of the Indian Succession Act, 1925 in matters concerning wills. It acts as a safeguard to ensure that the specialized principles used to interpret testamentary documents remain untouched by general evidentiary reforms.

This clear delineation of legal frameworks helps avoid confusion and preserves the intent of legacy succession laws.

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