Specific denial of a registered gift deed requires attesting witness proof before the deed can be relied on.

A registered gift deed cannot be relied on without examining an attesting witness where its execution is specifically denied. The pleadings alleged fraud, incapacity of the executant, and forged signatures, which amounted to a clear denial of execution. In that situation, the proviso to Section 68 of the Indian Evidence Act does not dispense with proof by an attesting witness, because it applies only when a registered document other than a will is not specifically denied. As no attesting witness was examined, execution of the gift deed was not proved and the contrary view was set aside.

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Issues: Whether the proviso to Section 68 of the Indian Evidence Act, 1872 applied to a registered gift deed when its execution had been specifically denied, and whether the deed could be received in evidence without examining an attesting witness.

Analysis: The pleadings expressly asserted that the gift deed and settlement deed were fraudulently brought into existence, that the executant was incapacitated, and that the signatures were forged. This amounted to a clear and specific denial of execution. The proviso to Section 68 withdraws the requirement of examining at least one attesting witness only where a registered document, other than a will, is not specifically denied. Since the execution was specifically denied, the High Court erred in invoking the proviso. In the absence of any attesting witness being examined, the execution of the gift deed was not proved and the document could not be relied upon.

Conclusion: The registered gift deed failed in proof, the contrary finding of the High Court was set aside, and the appellant succeeded to the extent of the 2/5th share claimed in Schedule A property.

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