​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Declaration Made in a Will or Deed Relating to Family Affairs (Section 26(f))
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1. Basic Principle of Section 26(f)Under Section 26(f) of the Bharatiya Sakshya Adhiniyam, the law provides that:
Statements made by a person who is dead or cannot be found, relating to the existence of family relationships (by blood, marriage, or adoption), are relevant if they are contained in:

• A will or deed relating to family affairs, OR
• A family pedigree, tombstone, family portrait, or similar object

👉 Provided:

• The statement is made ante litem motam (before any dispute arose)

2. Scope of the Provision

• Applies to:
  • Family relationships such as:
    • Parentage
    • Marriage
    • Adoption
    • Lineage
• Covers:
  • Statements found in:
    • Wills
    • Family records
    • Tombstones
    • Family portraits

👉 These are considered reliable as they are:

• Made in natural family settings
• Free from litigation bias

3. Essential Conditions (Note Form)For admissibility under Section 26(f):

• ✔ Maker of statement must be:
  • Dead or cannot be found
• ✔ Statement must relate to:
  • Family relationship
• ✔ Statement must be:
  • Contained in:
    • Will, deed, pedigree, tombstone, etc.
• ✔ Must be made:
  • Ante litem motam (before dispute arose)

4. Meaning of Ante Litem Motam

• Means:
  👉 Statement made before any litigation or dispute

✔ Ensures:

• Statement is:
  • Unbiased and trustworthy

5. Evidentiary Value

• ✔ Statements are:
  • Relevant evidence

👉 Because:

• They reflect:
  • Natural family declarations
• Not made with:
  • Motive to mislead

6. Difference Between Section 26(e) and Section 26(f) (Note Form)(i) Persons Concerned

• Section 26(e):
  • Applies to:
    • Living or deceased persons
• Section 26(f):
  • Applies only when:
    • Person is dead or cannot be found

(ii) Source of Knowledge

• Section 26(e):
  • Requires:
    • Person with special means of knowledge
• Section 26(f):
  • No such requirement explicitly

(iii) Form of Statement

• Section 26(e):
  • May be:
    • Oral or written
• Section 26(f):
  • Must be:
    • In documents or physical objects
      (e.g., will, tombstone, pedigree)

(iv) Nature of Evidence

• Section 26(e):
  • Statement of a person
• Section 26(f):
  • Statement embodied in:
    • Things or documents

7. Illustration Explained

• If a will states:
  • “A is the son of B”

👉 And maker is dead
✔ Statement is:

• Relevant to prove relationship

8. Key Legal Principle👉 Statements relating to family relationships contained in wills, deeds, or family records made before dispute are admissible as relevant evidence.

9. Purpose of Section 26(f)

• Recognizes:
  • Difficulty in proving:
    • Family lineage
• Allows:
  • Use of:
    • Traditional and documentary family evidence

10. Key Takeaways

• Section 26(f) deals with:
  • Family relationship declarations in documents
• Conditions:
  • Dead/unavailable maker
  • Ante litem motam
• Evidence must be:
  • In recognized forms (will, pedigree, etc.)

One-Line Summary👉 Statements about family relationships contained in wills, deeds, or similar records made before dispute by deceased persons are relevant evidence.