How to prove a deed document execution with Indian evidence act section 72? Please list out all the possible ways and methods to prove a document execution with this section. Note : Please take whatever deed documents comes under the section 72. ( Please do not ask as this query for settlement deed or any other deed, consider this query for whatever deed document applicable for the section 72 of Indian evidence Act. ) "72. Proof of document not required by law to be attested.—An attested document not required by law to be attested may be proved as if it was unattested."
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1. To formally prove the a registered deed you need to produce either the maker of the deed or any of attesting witnesses.
2. if the deed is more than 30 years old then no formal proof is required.
3. If you clarify the points on which you require assistance then further advice is required.
Sir, The deed is 25 years old registered deed. The deed executor died 15 years before. The suit field 6 years before. The executor's successor is party in the suit and he deny the execution and registration of the deed. He also one of the attesting witness in the deed , he denying his witness also. HERE THE QUERY IS WITH SECTION 72 OF INDIAN EVIDENCE ACT HOW TO PROVE THE EXECUTION OF THE DEED, WHAT ARE ALL THE MODES AND WAYS AVAILABLE WITH EVIDENCE ACT SECTION 72. NOTE : 100% VERIFIED THE DEED DOCUMENT IS NOT COMES UNDER SECTION 68 , IT COMES UNDER SECTION 72 OF INDIAN EVIDENCE ACT.
You can prove the same by examining the signatories, confirming party, witnesses or the sub registrar staff if required
Dear Client
section 72 of Indian evidence act states that. Proof of document not required by law to be attested.—An attested document not required by law to be attested may be proved as if it was unattested.
A sale deed does not require an attesting witness to prove it originality you just have to show the original sale deed in the court to prove its existence and if court is of opinion to confirm it is real can summon the sub registrar/ tehsildar or any of his subordinate before the court with the record of registration.
The document has to be proved by the testimony of the executant. It will be primary evidence. If the executant is not alive, then the oral evidence of such a person who was present at the time of execution will be good to prove the execution, provided he is competent to testify. If the signature of the executant is challenged, a forensic expert's view will be a good testimony.
law presumes, prima facie, in favour of the deeds being, duly executed. So ordinarily the person who challenges the validity of a transaction on the ground of fraud, undue influence etc. and charges his opponent with bad faith has to discharge the burden of proof which rests on him.
2) during lifetime of executor no such suit has been filed
