AI Overview...
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Documents Required to be Attested - Under Section 68 of the Indian Evidence Act, documents that are required by law to be attested must be proved by calling at least one attesting witness. The section emphasizes the importance of proper attestation for the document's admissibility as evidence, especially in cases like mortgages and wills. Failure to properly attest can render a document invalid or inadmissible Hari Nath Ghose VS Nepal Chandra Rai Chowdhury - Calcutta, Pattammal VS Kanniammal - Madras, Karpagam & Another VS E. Purushothaman & Others - Madras.
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Scope of Section 68 - The section applies to documents that the law mandates to be attested, such as wills and mortgage bonds. The attestation must meet legal requirements, including the presence and testimony of attesting witnesses. The interpretation of execution and attestation is crucial, and courts often analyze whether proper attestation was carried out to determine validity Hari Nath Ghose VS Nepal Chandra Rai Chowdhury - Calcutta, Kannamaml VS Chinnaponnammal - Madras, Tarachand VS Kesrimal - Rajasthan.
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Specific Requirements for Wills - For wills, Section 68 of the Evidence Act and Section 63(c) of the Indian Succession Act stipulate that at least one attesting witness must be examined to prove the will's execution. The witnesses should admit their attestation, and the attestation must conform to legal standards, such as reading over the will and explaining its contents Debi Prasad Mohapatra VS State of Orissa - Orissa, Pattammal VS Kanniammal - Madras, Karpagam & Another VS E. Purushothaman & Others - Madras.
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Proof of Execution - The proof involves establishing that the document was properly executed in accordance with law. If attestation is not properly done, the document may be deemed invalid. Courts may relax strict proof requirements under certain circumstances, but generally, the presence and testimony of attesting witnesses are essential Karpagam & Another VS E. Purushothaman & Others - Madras, Govindaraju (died) VS Rathinammal - Madras.
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Additional Insights - The courts have interpreted the proviso to Section 68, emphasizing that if the attesting witness is unavailable or if proper attestation procedures were not followed, the document's validity can be challenged. Proper attestation and proof are critical for the enforceability of documents like mortgages and wills Hari Nath Ghose VS Nepal Chandra Rai Chowdhury - Calcutta, Tarachand VS Kesrimal - Rajasthan.
Analysis and Conclusion
Documents required to be attested under Section 68 of the Indian Evidence Act include wills, mortgage bonds, and other legal instruments mandated by law. The main requirement is that at least one attesting witness must be called to prove the execution of the document. Proper attestation involves the witness's acknowledgment of their signature and the circumstances of signing, which must adhere to legal standards. Failure to comply can lead to the document being inadmissible or invalid, affecting its enforceability in legal proceedings.
Search Results for "What Documents are Required Attestation under Sec 68 Evidence Act"
1936 0 Supreme(Cal) 305 • India - Calcutta
word 'execution' in relation to documents required to be attested and the scope of the proviso to sec. 68 of the Evidence Act. ... Mortgage - Enforcement of mortgage bond - Sec. 68, Sec. 70, Sec. 71 of the Evidence Act - The court discussed the attestation ... of the mortgage bond and the interpretation of the word 'execution' in relation to documents#....
2015 0 Supreme(Ori) 489 • India - Orissa
D.DASH
EVIDENCE ACT, 1873 - Sec. 68 - Will - A documents which is required by law to be attested, it shall not be used as evidence until ... attestation in accordance with law is held to be unsustainable and accordingly set aside - Probate of the will stands granted. ... INDIAN SUCCESSION ACT, 1925 - Sec. 276 - Will - Grant of probate - Application dismissed - Appeal - Discussing the facts, contention ... One attesting w....
2009 0 Supreme(Mad) 5350 • India - Madras
R.BANUMATHI
Will - Property Dispute - Indian Evidence Act, Sec. 68, Sec. 69 - The court discussed the legal provisions of Sec. 68 and Sec. ... Indian Evidence Act by a contemporaneous admission. ... 69 of the Indian Evidence Act in relation to the proof of execution of a Will. ... Sec.69 of Indian Evidence Act relaxes strict proof of exec....
1980 0 Supreme(Mad) 461 • India - Madras
V.RAMASWAMI
Indian Succession Act, 1925-Section 63 (c)-Proof of Will-Held, attesting witnesses should admit their attestation and prove that ... Section 68 of the Indian Evidence Act, 1872 dealing with proof of execution of documents required by law to be attested, prohibits the use of a document 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 ....
2001 0 Supreme(Mad) 753 • India - Madras
PRABHA SRIDEVAN
Succession Act, 1925-Sections 373 and 63(c)-Enquiry to be conducted by District Judge while ordering petitions for grant of succession ... The relevant provision in Indian Evidence Act is Sec.68 which reads thus: ... “Proof of execution of documents required by law to be attested: If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called f....
1991 0 Supreme(Pat) 193 • India - Patna
S.B.SINHA
Act & Sec. 68 of the Evidence Act- will attested by the close neighbour and scribe who stated that the will was read over and explained ... Indian Succession Act, 1925, Sec. 278 - Application for letters of Administration will be entertained if the same is filed in compliance ... 1925, Sec. 63(c), Sec. 3 of T.P. ... Kamla Kunwar, reported in AIR 1977 SC 63 it was held : ... "Sec. 68 of the #HL_ST....
1996 0 Supreme(Mad) 837 • India - Madras
S.S.SUBRAMANI
the Indian Succession Act and Sec.68 of the Evidence Act. ... WILL - ATTESTATION - PROOF - EXECUTION - REQUIREMENTS - INTERPRETATION OF SEC.63 (C) OF THE INDIAN SUCCESSION ACT AND SEC.68 OF ... The attesting witnesses did not speak about the due attestation of the documents, which is a legal requirement under Sec.63 (c) of ... Sec.68#....
1972 0 Supreme(Raj) 175 • India - Rajasthan
KAN SINGH
(b) Transfer of Property Act, Sec. 59 and Evidence Act, Sec. 68—Mortgage deed invalid due to want of proper attestation—Transfer ... . 68 of the Evidence Act. ... (c) Evidence Act, Sec. 68—Failure to take specific plea of non-execution of no consequence where document itself invalid for want ... Sec. #HL_STAR....
2004 0 Supreme(Mad) 667 • India - Madras
K.GOVINDARAJAN, N.KANNADASAN
under Sec.68 of the Evidence Act. ... The court analyzed the specific denial of execution and the requirement of attestation under Sec.68 of the Evidence Act. ... The court interpreted the proviso to Sec.68 of the Evidence Act and its application in the present case. ... Section 68 relates to those documents which re....
1990 0 Supreme(AP) 397 • India - Andhra Pradesh
I.P.RAO
Act and Sec. 68 of the Evidence Act with regard to the proof of wills. ... prescribed by law for example, in Section 63 of Indian Succession Act and Section 68 of the Evidence Act. ... EVIDENCE ACT, Sections 58, 67 - INDIAN SUCCESSION ACT, 1925, Section 63 - Will - Proof of - Special mode of proof prescribed under ... When such a special mode of proof is required#HL_END....
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