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1 - 10 of 22 (0.34 seconds)Section 68 in The Indian Evidence Act, 1872 [Entire Act]
Section 63 in The Indian Succession Act, 1925 [Entire Act]
Section 63 in The Indian Evidence Act, 1872 [Entire Act]
The Registration Act, 1908
The Hindu Succession Act, 1956
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Evidence Act, 1872
Benga Behera & Anr vs Braja Kishore Nanda & Ors on 15 May, 2007
22. The ratio in Janki was reiterated in Benga Behera and Another
v. Braja Kishore Nanda and Others 11. This judgment also
examines the issue and question whether a Sub-Registrar in the
matter of registration of documents under the provisions of Indian
Registration Act, 1908 can possibly be treated as a witness.
Reference was made to Sections 52 and 58 of the Registration
Act to observe that the duty of the Registering Officer is to
endorse the signature of every person presenting the document
for registration and to make an endorsement to that effect, that is,
to endorse only the admission or execution by the person who
presented the document for registration. The Registering Officer
can also endorse and certify the payment of money or delivery of
goods made in the presence of the Registering Officer in
reference to the execution of the document. The expression
‘attesting witness’ within the meaning of Section 3 of the Transfer
of Property Act and Section 63 of the Indian Succession Act
means “bearing witness to a fact”. The two valid conditions of
attestation of documents are – (i) two or more attesting witnesses
have seen the executant sign the instrument; (ii) each of them has
signed the instrument in the presence of the executant. Further
and importantly, attestation requires animus attestandi, that is, a
person puts his signature on a document with the intent to attest it
11
(2007) 9 SCC 728
Civil Appeal arising out of S.L.P. (C) No. 26957 of 2018 Page 21 of 29
as a witness.
Dharam Singh vs Aso And Another on 11 July, 1990
If a person puts his signature on a document only in
discharge of a statutory duty, he may not be considered as an
attesting witness as was held in Dharam Singh v. Aso and
Another12.