68. Proof of execution of document required by law to be attested –
If a document is required by law to be attested it shall not be sued 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 he process of the Court and capable of giving evidence:
1Provided 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 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specially denied.
Comments
Endorsement by Sub-Registrar
Endorsement by Sub-Registrar that executant had acknowledged execution before him amounts to attestation; Pentakota Satyanarayana v. Pentakota Seetharatnam, AIR 2005 SC 4362.
Scope
One of the requirements of due execution of will is its attestation by two or more witnesses which is mandatory. Section 68 speaks of as to how a document required by law to be attested can be proved. It flows from this section that if there be an attesting witness alive capable of giving evidence and subject to the process of the Court, has to be necessarily examined before the document required by law to be attested can be used in an evidence; Janaki Narayan Bhoir v. Narayan Namdeo Kadam, AIR 2003 SC 761.
——————
1. Ins. by Act 31 of 1926, sec. 2.
