Section 32(6) of the Indian Evidence Act, 1872 – Statement in will or deed relating to family affairs:
When the statement relates to the existence of any relation by blood, marriage or adoption between deceased persons, and is made in a will or deed relating to the affairs of family of the deceased or upon any tombstone, family portrait or other things on which such statements are usually made, and made before the question in dispute was raised, such a statement is relevant.
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Illustration:
(i) The question is, what was the date of the birth of A.
A letter from A’s deceased father to a friend, announcing the birth of A on a given day, is a relevant fact.
(ii) The question is whether, and when, A and В were married.
ADVERTISEMENTS:
An entry in a memorandum book by C, the deceased father of B, of his daughter’s marriage with A on a given date, is a relevant fact.
Sub-clauses (5) and (6) and S. 32 cover the topic of pedigree evidence. Declarations made by deceased relatives are received on the ground of necessity, better evidence on such facts being often unobtainable.
The following four points of distinction between sub-clauses (5) and (6) of the section may be noted:
S. 32(5):
ADVERTISEMENTS:
1. S. 32(5) refers to a statement relating to the existence of a relationship between any person, living or dead.
2. The declarant should have had special means of knowledge.
3. The evidence is the declaration of a person who is deceased or whose attendance cannot be secured.
4. Applies to both verbal as well as written statements.
S. 32(6):
1. S. 32(6) refers to a statement relating to the existence of a relationship between deceased persons only.
2. There is no such requirement as to special means of knowledge.
3. The evidence is that of concrete things, e.g., tombstones, family portraits, etc.
4. Applies only to written statements.