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A deed of gift of immovable property governed by section 123 of the Transfer of Property Act, 1882 is…

Section 67 ordinarily requires at least one available and competent attesting witness for a document that the law requires to be attested. The proviso dispenses with that…

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A deed of gift of immovable property governed by section 123 of the Transfer of Property Act, 1882 is produced in court. Under the proviso to section 67 of the Bharatiya Sakshya Adhiniyam, 2023, when may its execution be proved without calling any attesting witness?

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Answer and explanation

Correct answer B

Section 67 ordinarily requires at least one available and competent attesting witness for a document that the law requires to be attested. The proviso dispenses with that requirement for a registered document other than a will if its purported executant does not specifically deny execution. For a gift governed by section 123 of the Transfer of Property Act, 1882, the instrument must be registered and attested by at least two witnesses.

Option feedback

Option A

A specific denial by the purported donor prevents the registration proviso from dispensing with the witness.

Option B

A registered non-will instrument qualifies when the purported executant does not specifically deny execution.

Option C

Absence of a specific denial cannot satisfy the proviso without registration.

Option D

The proviso requires registration. Availability of witnesses does not substitute for it.

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