Section 72 in The Indian Evidence Act, 1872. 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. ------------------------------------------------------------------------ 68. Proof of execution of document required by law to be attested.—If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: 1[Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.] ------------------------------------------------------------------------ Question-1. Sale deed document can prove with evidence act section 72 OR sale deed should prove with evidence act section 68? Question-2.What are all the land relevant list of deed documents can prove with evidence act section 72? Question-3. What are all the frequently/ commonly using methods to prove a deed document with evidence act section 72? ( Lost of Common methods/ list of common ways to prove deed documents with evidence act section 72). Question-4. In evidence act section 68 part "unless its execution by the person by whom it purports to have been executed is specifically denied ". The denied referring only denial by Executor OR after deed document execution and registration the executor died after 1 year then after died 1 year later the document denied by the executor son/wife denied also the specifically denied part will apply? Please provide answer for the 4 questions separately and clearly without ambiguity. Thanks.
1. Since sale deed is not mandatolirly attested it can be proved by the executor himself and not necessarily by the witness.
2. There are many like gift deed etc.
3. The vendor or the vendee can prove the document by identifying the respective signatures.
4. If during the pendency of the suit the executor dies then his legal heirs cum representative upon whom the right to sue survives can deny its execution.
1.Both the sections can be useful depending on the nature of the document.
2. Yes it can be proved
3. As per 68 a attesting witness is necessary
4. You need to examine a witness or if witness not present by some officer from registration office
Sec 72, attesting witness not mandatory for execution of sale deed like in case of Will and gift.
Registerd sale deed, presumption of its validity and due sale.
Denial of executor or his wife, chilren after his demise has no value.
1. To prove sale deed before court you need not invoke either of the section of the Indian evidence act what you have referred herein since the sale deed shall be enforceable only if it is by a registered document.
2. 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.
3. What is the document you want to prove by invoking section 72 of Indian evidence act?
There is no such list, you can utilize the provision to prove the document in your hand if this provision is suitable to the prevailing circumstance.
4. Your question is not relevant to the provision of law.
The legal heirs of the executor have no grounds to deny the execution of the registered document especially after the death of the executor.
You can better consult a local lawyer with all your documents and have a first hand information instead of getting confused over various answers of this forum especially when you are not asking questions directly, instead, you are setting out questions for examination.
1) sale deed is required to be attested by 2 witnesses
2) if execution of sale deed is denied then you can examine one of attesting witnesses to prove execution
3)denial can be by legal heirs of deceased executor
4) to prove a document author has to give evidence that document was executed by him in presence of witnesses
sale deed can be proved by attesting 2 witness.
No attesting witness is required to be examined to prove the execution of the sale deed unless its execution is denied by the person, who had executed the same.
Sale deed can be challenged only if there are sound legal grounds. If it has been executed by fraud, co ertion etc it can be challenged but one need to prove to the court the grounds on which it is challenged.
1.Sale deed with sec 72.
2.All land related documents with sec. 72 except will, gift and mortgage deed.
3. Same as above.
4. Execution means not only signing by the person executing the documents but also the attestation of his signature by witness where it requires such attestation.
Dear Sir,
The sale deed will be proved as section 72 of IEA (Indian Evidence Act). The certified copy of documents received from registrar or any authority will be covered under section 72. Section 68 may be applied to the documents which are not attested.
1. Sales deed is required to be proved as per section 68 Evidence act.
2. The documents which are not mandatory required to be registered under Indian registration act can be proved as per section 72.
3. Documents which are proved by testimony of the executant that is primary evidence are proved by section 72 Indian Evidence act.
4. If executant deny the execution of Document then it is must be proved by testimony of witness present at time of execution Under section 68 evidence act.
5. Yes if family denies the execution of sales deed then it has to be proved by Section 68 evidence act.
Dear Advocate Sirs&Madams, Please note due to party privacy consideration unable to provide complete case details. Please provide valuable suggestion with available information. Thanks. 1. If a land relevant deed document if going to prove with evidence act section 72 then what are all the list of common method can use to prove ( Commonly using methods based on section 72 )? 2. For sale deed document is it enough to prove with evidence act section 72 OR should prove with section 68 ?Please consider the mentioned two evidence act section only for this scenario and provide. Consider each question separately and provide answer. Thanks. ------------------------------------------------------------- Prashant Nayak: Sir. Your any answer not specific to the questions requested. Please read question properly before provide suggestion. Ganesh Singh: Sir. Please provide answer for requested point wise instead of consolidated one paragraph then it will be more useful.
1. There is no such list enumerated in law.
You may produce the documents which are available and that may be enforceable, the court will decide the admissibility of the documents produced before it.
2. The registered sale deed is not a document required to be compulsorily attested by the attesting witness.
The document which is required to be attested compulsorily by the attesting witness is required to be proved in compliance with the procedures contemplated in Section 68 of the Indian Evidence Act, 1872.
The proof of signature and hand-writing of a person alleged to have signed or written document produced can be made by taking recourse to Section 67 of the Indian Evidence Act, 1872.
The Apex Court in Mobarik All Ahmed v. The State of Bombay held that the proof of genuineness of the document is proof of the authorship of the document and is proof of a fact like that of any other fact. It may consists of direct evidence of a person who saw the document being written or of the signature being affixed. It may be proof of the handwriting of the contents, or/signature by one of the modes provided in Section 45 and Section 47 of the Evidence Act. The scribe could prove the contents of the document.
The Bombay High in Sir Mohammed Yusuf and Anr. v. D. and Anr. reported In held that the evidence of the contents contained in the document is hearsay evidence unless the writer thereof is examined before the Court. An attempt to prove the contents of the document by proving the signature or the handwriting of the authorship is to set at naught the well-recognized rule that hearsay evidence cannot be admitted. The Bombay High Court in Sir Mohammed Yusuf and Anr. (supra) had followed the ratio laid down by the Apex Court in Mobarik Ali Ahmed (supra).
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition list had divided properties, particularly suit property - Entire case of plaintiff is based on partition list which is a document not stamped and registered as per law - Consequently, plaintiff failed to prove his title, possession and enjoyment of suit property - Suit rightly dismissed.
It shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will.
Sir no one can tell you how you prove documents in form of answers. It a skill used in chief examination and cross examination. Need to verify the complete content of the same
A document is said to be proved if following three criteria are satisfied: (a) firstly, the execution of a document, i.e., the handwriting or signature on the document,if any, is proved. (genuineness of a document) (b) secondly, contents of a document, and (c) thirdly, truthfulness of the contents of a document.
2)
If the document is not required by law to be attested, but the parties get it attested, it may be proved as if it was not attested. It simply considers the document and it will be taken to be proved.
An attesting witness need not be examined to prove the execution, if the document was not required by law to be asserted even it happens.
3) you can examine author of the document
4) sale deed is required to be attested . You have to examine one of the attesting witnesses
In your case only section 72 applies.
You can understand the provisions of section 68 and 72 of evidence act if you have a good understanding to legal requirements of land documents.
Witness to sale deed is not a legal requirements. It has become a norm or practice to be on safer side in any legal dispute due to following the practice as a legal requirements.
Law requires witness in will, mortgage and gift deeds only.
So a sale deed does not require examination of singing witness as per section 68 to prove its authenticity.
Dear Sir,
For submission of any document in court, a list of document along with documents is submitted. If the case is already in progress, then it may be filed an application under section 151 of CPC. The certified copy of the sale deed is not required to be proved under section 68 of IEA. However, if the opposite party questions or opposes the said sale deed or its certified copy; the prayer (oral or written) may be made to court to call for original records and also call the officials of registrar office including registrar to prove the same.