You can prove the same by examining the attested witness. You can also examine the officer from registrar office to prove the execution of sale deed.
How to prove a document execution with Indian Evidence Act Section 72
Please list all possible ways and methods to prove a sale deed document execution with indian evidence act section 72? [ please read full query part then provide answer, some author providing answer without reading fully). List all possible ways under evidence act section 72. (pls do not provide one way or method only, list out all possible ways and methods can use to prove the document execution under evidence act section 72.) The document executed and registered 25 years before, the executor died 15 years before and the executor's successor is also one of the attested witness in the sale deed document. the successor filed a suit 6 years before and deny the sale deed execution and he deny his witness also. 1. for this scenario, how to prove the sale deed execution with indian evidence act section 72? 2. if opposite counsel take point as registration itself not enough to prove the execution then how to prove the execution with evidence act section 72? 3.note : the executor put thumb impression only and no other document did not have to compare as the executor did not execute any other document Request to list out all the possible ways / methods to prove the execution? also provide relevant judgement case details to get additional information? Note : also do not put answer as apply evidence act 68, this point is already clear required answer relevant to section 72.
Asked 5 years ago in Property Law
Religion: Hindu
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5 Answers
a certified copy of a sale deed issued by the Registration Officer under the Registration Act can be produced and marked as secondary evidence of a public document (that is Entries in Book 1 maintained under Section 51 of the Registration Act containing the copy of the registered document). Such certified copy issued by the Registration Officer in view of the certificates copied therein and the certificate made while issuing the certified copy will prove (i) that a document has been presented before the Registration Officer for registration; (ii) that execution had been admitted by the person who claimed to be the executant of the document and (iii) that the document was thereafter registered in the Registration Office and entered (copied) in Book 1.
2)Proving execution of a registered sale deed (or any other registered document which is not required by law to be attested) has two steps. The first step is production of the original sale deed
3) The second step is to prove the execution of the deed (whether what is produced in the original or certified copy or other secondary evidence thereof given under Clause (a),
4) Due execution is proved by establishing that the signature (or mark) in token of execution was affixed to the document by the person who is stated to have executed the document. This is normally done either (i) by examining the executant of the document; or (ii) by examining a person in whose presence the signature/mark was affixed to the document; or (iii) by referring the document to a handwriting expert and examining such expert; or (iv) by examining a person acquainted with handwriting/signature of the person who is supposed to have written/signed the document; or (v) by requesting the Court to compare the signature of the executant in the document with some admitted signature of the person shown as executant; or (vi) by proving admission by the person who is said to have signed the document, that he signed it.
- As per the information mentioned in the present query, makes it clear that you have not been provided with the satisfactory answer till yet.
- I would like to tell you that before you go in the litigation to prove of disprove as per section 72 of the Indian Evidence Act, you need to look for the law of limitation which is totally in favour of the person in whose name it was executed.
- The period of limitation to challenge the legality of any document is 12 years in private matters and 20 years in public papers.
- Here the same has been challenged after 25 years of its execution.
- Rest, you are free to call me at any time for further detail discussion in this issue.
Respected Sirs/Madams, Part A: 1. Period of limitation is applicable for the current scenario? 2. The deed execution refused by the executor's daughters and executor's husband. (Note: Executor's daughters are not witness in the deed but the executor's husband is one of the witness in the said deed) Note : After 10 yers of deed execution the executor died. After died the executor the executors successor file case after 9 years of dead. (Total after 19 years of the deed execution) 3. The daughters may tell as do not know about the deed , The husband filed statement as "my wife did not execute any deed and I also did not put wetness sign" 4.Also they me tell as do not know about the document ? (Even know previously they may tell lie as after saw the written statement only we get to know about the deed) For this scenario how can apply the limitation act? Please advice ?? Part B. 1.Also what are all the methods need to use with Indian evidence act section 72 to proove the document without attesting witness ? Please provide reply for both part A and part B.
Asked 5 years ago
the delay in filing suit of 19 years has to be explained by Plaintiff . it odes appear to be barred by limitation
part B
Due execution is proved by establishing that the signature (or mark) in token of execution was affixed to the document by the person who is stated to have executed the document. This is normally done either (i) by examining the executant of the document; or (ii) by examining a person in whose presence the signature/mark was affixed to the document; or (iii) by referring the document to a handwriting expert and examining such expert; or (iv) by examining a person acquainted with handwriting/signature of the person who is supposed to have written/signed the document; or (v) by requesting the Court to compare the signature of the executant in the document with some admitted signature of the person shown as executant; or (vi) by proving admission by the person who is said to have signed the document, that he signed it.
1. 3 years.
2. Matter of trial.
3.You need to examine yourself.
4. You can take advantage of the registration point in these circumstances.
Examining yourself and officer from registration office. Also the certified copy of the document