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

Meera Textiles Ltd relies on a registered sale deed (not a will) to prove title in a dispute. The counterparty does not specifically deny that it executed the deed. Under the proviso to Section 67 of the Bharatiya Sakshya Adhiniyam, 2023, is calling an attesting witness necessary?

No attesting witness need be called. The proviso to Section 67 exempts a registered document, other than a will, from this requirement unless the person who purportedly executed it specifically denies execution. Here there is no such denial.

  1. AYes, because every attested document needs a witness
  2. BYes, because registration does not affect proof of execution
  3. CNo, because the deed is registered and its execution is not specifically deniedCorrect
  4. DNo, because the deed is a will

Explanation

The proviso removes the need to call an attesting witness for a registered document, other than a will, unless execution by the purported executant is specifically denied. Here the deed is registered, is not a will, and no specific denial exists. The will option is wrong because wills are excluded from the exemption.

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