Proof of execution of document required by law to be attested
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Summary
If a document must be attested by law, it cannot be used as evidence until at least one attesting witness is called to prove its execution, provided that witness is alive, within the court's process, and capable of giving evidence. A document (other than a will) registered under the Indian Registration Act does not require an attesting witness unless its execution is specifically denied.
Example
Ravi signs a sale deed that the law requires to be attested. At trial the other party must call at least one attesting witness to prove Ravi's signature if that witness is alive, within the court's process, and capable of giving evidence; until then the deed cannot be used as evidence. If the deed was registered and no one denies Ravi's execution, the witness need not be called.
Bare Act
Enacted textIf a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:
Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied.
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