attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. Explanation. - Documents are said ... that person's handwriting, and in the case of a document executed or attested, that it was duly executed by the person by whom
Indian Evidence Act, 1872
70. Admission of execution by party to attested document.
The admission of a party to an attested document of its execution ... execution as against him, though it be a document required by law to be attested
authority, on payment of such fee and on production of self-attested document in such form and manner as may be prescribed. (3) Any birth
accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures
Proof of document not required by law to be attested.
An attested document not required by law to be attested may be proved
witnesses who are attesting the document to declare in the document itself that they are attesting witnesses.
35. In AIR 1977 SC 63, Beni Chand ... intention to attest. The attesting witness must subscribe with the intention that the subscription made should be complete attestation of the will, and the evidence
death and the form and manner of production of self-attested document under sub-section (2) of section 13 (g) the fees payable for registration
describe themselves as attesting witnesses) could be attesting witnesses if they had the animus to attest. This would show that a person can be proved ... rather than with a view to attest. They cannot, therefore, be regarded as attesting witnesses to the document.
32. Learned Counsel for the respondent requested
execute the document while in sound and disposing state of mind. The document was duly and properly attested. Except saying that the plaintiffs are denying ... which says that the admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution
describe themselves as attesting witnesses) could be attesting witnesses if they had the animus to attest. This would show that a person can be proved ... rather then with a view to attest. They cannot therefore, be regarded as attesting witnesses to the document.
(28) Learned counsel for the respondent requested
