Proof when Attesting witness denies execution

If an attesting witness denies or cannot recollect signing a document, the document’s execution may be proved by other admissible evidence. That means the court can rely on other witnesses, documents, signature comparisons, or surrounding circumstances to establish execution instead of depending only on the attesting witness.

Priya signs a sale deed for her shop with two attesting witnesses. Years later one attesting witness says he did not sign or does not remember signing. The buyer therefore produces the other witness, payment receipts, and a handwriting report to prove the deed was executed, and the court may accept that evidence.