Proof of execution of document required by law to be attested
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Summary
When law requires a document to be attested, it cannot be used as evidence until at least one attesting witness who is alive, within the court's process, and capable of giving evidence is called to prove its execution. A registered document under the Indian Registration Act, except a Will, need not have an attesting witness called unless the execution by the purported signer is specifically denied.
Example
Priya signs a sale deed that the law requires to be attested. When the deed is produced in court to prove title, the court will call at least one attesting witness who is alive and able to prove Priya's signature before admitting the deed. If the deed was registered under the Indian Registration Act (not a Will), the witness need not be called unless someone specifically denies Priya signed it.
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 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 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.
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