Section 67 of BSA : Section 67: Proof of execution of document required by law to be attested.

BSA

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Explanation using Example

Example 1:

Ravi wants to sell his house to Suresh. According to Indian law, the sale deed must be attested by two witnesses. Ravi and Suresh sign the sale deed in the presence of two witnesses, Anil and Sunita. Later, Suresh claims that the sale deed is not valid. To prove the validity of the sale deed in court, Ravi needs to call either Anil or Sunita (the attesting witnesses) to testify that they witnessed the signing of the document. If Anil or Sunita is alive, capable of giving evidence, and can be summoned by the court, their testimony will be required to prove the execution of the sale deed.

Example 2:

Meera takes a loan from a bank and signs a mortgage deed, which is attested by two witnesses, Ramesh and Priya. The mortgage deed is also registered under the Indian Registration Act, 1908. Later, Meera disputes the mortgage deed, claiming she never signed it. In this case, since the mortgage deed is registered, it is not necessary to call Ramesh or Priya to prove its execution unless Meera specifically denies that she signed the document. If Meera denies her signature, then the bank may need to call Ramesh or Priya to testify that they witnessed Meera signing the mortgage deed.

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