Proof when attesting witness denies execution.

What this section does

If an attesting witness denies or does not recollect the execution of the document, execution may nonetheless be proved by other evidence. The denial or failure of memory of an attesting witness does not render the document incapable of proof.

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

The rule in one line

Denial or non-recollection of execution by an attesting witness does not bar proof of execution by other evidence.

When it applies

• Where the attesting witness to a will states he does not remember attesting it, the propounder may prove execution through other witnesses or circumstantial evidence.
• If an attesting witness denies having witnessed a deed, the party may still prove execution by handwriting evidence or other means.

Derived from IEA s.71.