Proof where no attesting witness found.

What this section does

Where no attesting witness can be found, execution of an attested document may be proved by establishing that the attestation of at least one attesting witness is in that witness's handwriting and that the signature of the executing person is in that person's handwriting.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

When no attesting witness is available, proof of the handwriting of one attesting witness and of the executant's signature suffices.

When it applies

• Where both attesting witnesses to a mortgage deed are dead, the party may prove execution by showing the attestation and the executant's signature are in their respective handwritings.
• Expert comparison of handwriting may be used to establish the attestation and signature when witnesses are untraceable.

Derived from IEA s.69.