Section71
Proof when attesting witness denies the execution
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Summary
If an attesting witness denies or cannot recall that a document was executed, that alone does not prevent proving the document. The execution may be established by other admissible evidence, for example other witnesses, contemporaneous documents, or handwriting comparison.
Example
Priya signs a rental agreement witnessed by Rohan. Years later Rohan testifies he does not remember attesting; Priya can still prove the agreement was executed by producing other evidence such as rent receipts, another witness, or letters between the parties.
Bare Act
Enacted textIf the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence
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