Proof where no attesting witness found
AI Assist
Summary
When attesting witnesses cannot be produced, you must prove that at least one attesting witness actually wrote his or her attestation, and that the person who executed the document wrote their own signature. That proof is required before the attestation and signature will be accepted.
Example
Priya signs a gift deed but the attesting witness has moved away and cannot be found. The court will require proof that at least one attesting witness's attestation is in that witness's handwriting and that Priya's signature is in her handwriting before accepting the deed.
Bare Act
Enacted textIf no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.
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