Statements Relating to Family Affairs and Relationships**

Statements relating to relationship in family and onANEOUS occasions (Section 33 BSA)

Section 33 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) addresses the relevancy of statements concerning family relationships and occurrences on relevant occasions, made by persons who are dead or cannot be called as witnesses.

Family tradition

• Relevancy: Statements relating to the existence of any relationship as between members of a family who are in substance members of one of any joint family are relevant when made by persons who are dead or cannot be called as witnesses.

• Conditions:

  • The statement must relate to the existence of a family relationship (e.g., kinship, marriage, adoption, membership in a joint family).

  • It must be made by a person who is dead or cannot be called as a witness.

  • The statement must have been made before the question in dispute was raised.

• Examples: Oral accounts of lineage, family history passed down through generations, statements made by deceased family elders about who is related to whom.

• Purpose: This provision acknowledges that family traditions and oral histories are often the primary source of information about relationships, especially in older generations.

Statements in deeds, wills, family arrangements

• Relevancy: Statements relating to the existence of any relationship as between members of a family are relevant if they are found in deeds, wills, or family arrangements.

• Conditions:

  • The document must relate to the family relationship.

  • The document itself may be relevant as evidence of the relationship, or statements within it may be relevant if made by deceased persons with knowledge of the facts.

  • The context is that these documents were created when the matters were fresh and disputes were not anticipated.

• Examples: A will stating the testator's relationship with beneficiaries, a deed of settlement referring to family members and their shares, family agreements clarifying relationships.

• Purpose: Documents created in the ordinary course of managing family affairs are often considered reliable indicators of relationships.

Statements in family pedigrees

• Relevancy: Statements of relevant fact as to the existence of any relationship by family are relevant when made by any person, whether or not that person is dead or cannot be called as a witness, in any deed, will or other document which relates to the family affairs of the person asserting.

• Conditions:

  • The statement must relate to the existence of a family relationship.

  • It must be found in a document that relates to family affairs (e.g., a pedigree chart, family bible inscriptions, tombstone inscriptions).

  • The statement is relevant regardless of whether the maker is alive or dead, provided the document itself is proved.

• Examples: Family trees meticulously maintained, inscriptions on tombstones detailing lineage, entries in family Bibles.

• Purpose: These documents serve as historical records of family relationships.

Statements relating to existence of any relationship by way of family, kinship, marriage, birth, death, etc. (Section 34 BSA)

Section 34 of the BSA likely corresponds to Section 32(6) of the Indian Evidence Act, dealing with statements concerning family affairs recorded in documents.

• Relevancy: When any judicial proceeding relates to the existence of any relationship by way of family, kinship, marriage, birth, death, or among persons who are stated to be members of one family, any statement contained in any deed, will, or other document which relates to the family affairs of the said persons, shall be deemed to have been relevant to the matter.

• Conditions:

  • The statement must be contained in a deed, will, or other document relating to family affairs.

  • The document must relate to the existence of a relationship (family, kinship, marriage, birth, death).

  • The statement is deemed relevant if it pertains to the family affairs of the person asserting the relationship.

• Distinction from Section 33: While Section 33 focuses on statements made by deceased persons about relationships, Section 34 focuses on the relevancy of statements within documents concerning family affairs, irrespective of whether the maker is alive or dead (as long as the document itself is proven).

• Examples: Property partition deeds describing relationships, marriage certificates, birth certificates, wills that detail family structures.

• Purpose: To provide evidence of family relationships through documentary records that are inherently linked to the family's affairs.

Statements in wills, deeds, etc.

• Relevancy: Statements in wills, deeds, and other documents relating to family affairs are relevant as per Section 34 BSA.

• Purpose: These documents often describe family structures, beneficiaries, and lineage, making them important evidence for establishing relationships.

Statements in family pedigrees

• Relevancy: Family pedigrees, as documents that specifically track lineage and relationships, are highly relevant under Section 34 BSA (and Section 33 BSA if the maker is deceased).

• Purpose: They directly address the existence of relationships within a family.