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CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law

Kavita Shah relies on a registered sale deed, not a will, and the other side does not specifically deny its execution by the executant. Under the proviso to Section 67, what is the position about calling an attesting witness?

It is not necessary to call an attesting witness. The proviso to Section 67 excuses this for a registered document that is not a will, unless the executant's execution is specifically denied. Since there is no specific denial, the registered sale deed can be used without an attesting witness.

  1. AIt is not necessary to call an attesting witnessCorrect
  2. BAn attesting witness must still be called
  3. CTwo attesting witnesses must be called
  4. DThe document is inadmissible

Explanation

The proviso exempts registered documents, other than wills, from the need to call an attesting witness unless execution is specifically denied. Here the deed is registered, is not a will, and no specific denial exists.

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