Can Courts Compare Testator Signatures to 25-Year-Old Documents?

High Court Malaya Kuala Lumpur

In that case, a Government document examiner testified that the instrument was a forgery. Even the plaintiff testified that the signature on the transfer instrument was not his. Moreover, the Court also had the original document to compare with the forged one. ... [33] However, in our case, there is no document containing the testator's original signature since the defendant alleges tha....

2023 0 Supreme(Cal) 1627

would attend the testator for the last 20/21 years before testator’s death and hence, it can be construed that testator was on good terms with his daughters and such relation cannot justify their deprivation made in the Will. ... world cannot say whether it is his Will or not; and this aspect naturally introduces an element of solemnity in the decision of the question as to whether the document#....

2025 0 Supreme(Jhk) 565

What is required as per law is that any authentic contemporaneous document containing signature of the parties to be reflected along with disputed signature for comparison. ... These analysis would become possible only vis-a-vis an original signature: and the signature mark: on a xerox copy of a document can never constitute the basis. 12. ... The comparison of the two thumb impressions ....

2023 2 Supreme 649

old Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of ... was old. ... on behalf of the Respondents as well that merely because the will was more ....

2025 0 Supreme(Kar) 69

The question of signatures as to whether those signatures are of the testator and if admitted signatures have been produced, whether the signature in dispute is of the same person whose signatures are contained on any admitted document. ... It was held that the Court can compare the disputed signature with the admitted signature under Section 73 of the India EVIDENCE ACT , when both th....

2023 0 Supreme(Del) 3971

However, such suspicion or suspicions cannot be removed by mere proof of sound and disposing state of mind of the testator and his signature coupled with the proof of attestation. 12.8. ... In her cross-examination, the petitioner specifically stated that the Testator was not on visiting terms with her brother, the respondent no.2 for the last more than 25 years, and was perceived by the....

2025 Supreme(Online)(Kar) 23830

However, it is categorically observed that when the Court entertains a slightest doubt with regard to the signatures, then the Court shall hesitate to compare the signature particularly in criminal matters. It was a case of a Will where the signature of the testator was disputed. ... In that context the Trial Court by comparing the disputed and the undisputed signature of testator had co....

    The word " document, " as defined in the Evidence Ordinance, is large enough to include a will, and therefore the presumption created by section 90 applies to the case of a will thirty years old. ... The word " document " as defined in the Evidence Ordinance is large enough to include a will and therefore the presumption created by section 90 applies to the case of a will thirty years #HL_STAR....

2024 Supreme(BD)(SC) 11794

was not in a sound mind so whether the testator put his signature or not on the will it is not that material point in granting probate of a will. ... old document so there has been no reason to prove its genuineness since it had been produced from the proper custody so there has been no reason to raise any question about the genuineness of the will and theto nurture him  testator, span style="font-size:1....

2024 0 Supreme(Cal) 107

Deepti Ajay Singh) and submitted that to prove the Will, the propounder is required to show by satisfactory evidence, inter alia, that the Testator at the relevant time has understood the nature and effect of disposition and put his signature to the document of his own free Will. ... signatures of the deceased for comparison of the signatures of the deceased appearing in the alleged last Will and Testament of the Testator ....

2018 0 Supreme(Mad) 1047

G. Sulochana, no steps have been taken by the first defendant to prove the Will by getting expert's opinion. G. Sulochana is more shaky and it is not similar to the signature of G. Sulochana found in the first page of Ex.B9. (d) No other document containing the signature of the testator is produced before the Court so as to enable the Court to compare the signature. Though the issue is with regard to the genuineness of the Will and the plaintiff specifically denied the execut....

2018 0 Supreme(Mad) 189

Even if the legal heirs have been disentitled, though not proved, when the legitimate suspicious removed by propounder, this Court is bound to accept the Will. In this case as pointed out earlier, the testator had been expressing intention to bequeath the Will by writing the letter to Tirumala Tirupathi Devasthanams and only taking on their advise, he has executed the Will. Going through the facts of the case and perusing Ex.A5-Will in the light of the evidence let in by the plaintiff-Tirumala....

2017 0 Supreme(Mad) 259

It is to be noted that the said Natesan is also a third party to the proceedings and he has not been examined before this Court. P2 to P7 to prove the admitted signature of the testator, this Court is not in a position to compare the signature when the law mandates that a particular document should be proved in a particular manner, this Court cannot give validity of the will merely on the basis of comparing the admitted signature of the testator. Ex.P3 is the affidavit of one....

2016 0 Supreme(Tri) 67

The learned trial court compared the signature in both the documents with the signature of the testator in the Will and found the similarity and then came to the conclusion that the signature in the Will and the signature in those two documents are of the same person i.e. testator of the Will. Out of them, the deed is certainly an old document which carried the signature of the testator and the said prayer was a subsequent document at the time of retirement of the testator which also....

2011 0 Supreme(Mad) 2138

Each word in the signature of each page is compared in the above deeds and this court find that both are similar and identical and we can safely conclude that Ex.A13 is a genuine document. The trial court, even though have empowered to compare the signature contained in Ex.A13 along with the signature contained in document dated 12.5.1967 does not done so. On careful perusal of the original signature of Karuppanna Gounder, contained in document dated 12.5.1967, which is marke....