Section 70: Proof when attesting witness denies execution

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 7 of our papers cite Section 70. Try these from the free papers:

1. 1. To prove a will, the propounder examines only one of its two attesting witnesses, though the other is alive and available. The examined witness proves the testator's signature but does not depose that the other witness attested the will. The propounder relies on Section 70 of the BSA (proof by other evidence where the attesting witness denies or does not recollect execution). Following Janki Narayan Bhoir v. Narayan Namdeo Kadam (2003):

   A.the will stands proved under Section 70, because execution of an attested document may always be proved by other evidenceB.Section 70 does not apply, as the witness did not deny or forget execution, so the will is not provedC.the will stands proved, because the Court shall presume due attestation of every will produced from proper custodyD.the will stands proved, because Section 67 is satisfied once a single attesting witness has been called to prove execution
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