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:
Provided 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.
*Endorsement by sub registrar-
Endorsement by sub registrar that executant had acknowledged execution before him amounts to attestation.
Related Case- Pentakota Satyanarayana v. Pentakota Seetharatnam, 2005
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 the 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 evidence.
Related Case- Janaki Narayan Bhoir versus Narayan Namdeo Kadam, 2003
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