Can a Notary Attested Will Be Proved in Court?

When the above matters are considered the most important question that must be decided in this case is whether the deed bearing No. 10650 dated 13.12.2001 (marked P1) alleged to have been attested by Sinnathamby Dhayumanavan, Notary Public has been proved in court in accordance with section 68 of ... To prove a document, whether notarially attested or otherwise, it must be proved that the signature of the signatory is in his handwriting. ... A Court cannot act on ....

Bonser C.J . disagreeing with this view, held, (Lawrie J. agreeing) that "In order to prove the execution of a mortgage bond attested by a notary and two witnesses it is not necessary that the notary and both the attesting witnesses should be called It may be proved by the evidence of only one witness ... I must at this stage observe that Section 68 of the Evidence Ordinance requires that if a document is required by law to be attested, its execution may be #H....

In order to prove the execution of a mortgage bond attested by a notary and two witnesses it is not necessary that the notary and both the attesting witnesses should be called. ... A deed can be proved by the evidence of one witness, though as a matter of precaution it may be advisable in many cases to call all the witnesses. ... It may be proved by the evidence of only one witness, although as a matter of precaution it may be advisable in many....

21st May, 1885. Lawrie, J.- I concur in the verdict, though not in the reasons given for it. ... The learned District Judge has acquitted the accused because the incomplete deed which Kalu Banda signed is not proved to have been the duplicate but the protocol copy. ... Certainly B 1 omits the sentence " to possess from this day the said portion of land un-" disturbedly for ever doing whatever they may please. ... THE accused, a notary public, was charged in one indictment (1) with having, in breach of sub-....

    In terms of section 2 of the Prevention of Frauds Ordinance a sale or transfer of land has to be in writing signed by two or more witnesses before a notary and duly attested by the notary and the witnesses. ... a notary and two witnesses. ...     A deed fur tile sale or transfer of land, being a document which is required by law to be attested, has to be proved in the mariner set out in section 68 of the Evidence Ordinance by proof that the maker (the vendor) of that doc....

2023 0 Supreme(Del) 3971

The concerned deponent comes alongwith his/her ID proof, sign in notary public's register as well as on the document in the presence of notary public-Vide above-mentioned entry I had attested WILL "Ex.A6". And the signatures on the documents attested by me are made in my presence. ... It, therefore, emerges that the testator had confirmed to the notary public DW-2, about having executed the Will, which was then attested by her after obtaining the signatures of the testator in the #HL_S....

(Criminal), Galle, 12,610,   Duty of notary before attesting a deed-Search for registration of prior deed and noting such registration in the deed attested-Ordinances No. 2 of 1877 and No. 14 of 1891. ... My opinion is, that unless a notary has personal knowledge, which in some cases he may have, of the state of the title, it is his duty either to attend the registrar's office in person to search the register or to employ some one else to do it for him. The appeal is dismissed. ... The District Judge found the....

2023 0 Supreme(J&K) 364

When this Clause is read with the provisions contained in Rule 181 of the High Court Rules, it becomes lucid that an affidavit intended for use in the High Court may be sworn before a Notary as well. ... 15) From the above, it is clear that an affidavit intended for use in the High Court may be sworn before any Court or Magistrate, a Notary, an Oath Commissioner appointed by the High Court, or any other officer appointed by any oth....

Following the decision in Arumugam et al. v Sanmugam, 2 I am of opinion the notary did sign the attestation clause there and then, and that the document was duly attested as required by the first part of section 3 applying to a notarially attested will. ... It has also been held that a respondent may waive the provisions altogether as to deposit of security for costs. ... 1 The objection had been taken in the District Court, but the learned District Judge very properly ordered the case to be sent u....

The question is whether " duly attested " by a notary means " attested in accordance with the rules for the time being in force and binding upon the notary." ... The petition, which disclosed that the testatrix died on 4th May, 1903, was supported by the affidavit of the petitioners and by the affidavit of the notary and witnesses who had attested the will, and the Court on 17th March, 1903, made a decree nisi in terms of the prayer of the' pet....

2022 0 Supreme(Bom) 1511

Clause (c) of the eligibility criteria reads as follows:- "(c) Participants must not have, during the last three years, failed to perform on any agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the applicant neither been expelled from any project or agreement nor have had any agreement terminated for breach of contract by such applicant. a Notary attested declaration in this regard is required to be submitted."

2022 0 Supreme(Chh) 169

Counsel for the appellant would submit that till it is proved that the person who signed the said power of attorney was the duly appointed attorney, the court cannot draw any presumption under Sections 57 & 85 of the Evidence Act as it will be against the provisions of Sections 57 and 85 of the Evidence Act and it will amount to nullify the provisions. When a seal of the Notary is put on the document, Section 57 of the Evidence Act comes into play and presumption can be raised regarding the genuineness of the seal of the said Notary, meaning thereby that the said document is presumed to have....

2020 0 Supreme(AP) 51

Section 72 of the Evidence Act makes the said legal position very clear and it reads as follows: “An attested document not required by law to be attested may be proved as if it was unattested.”

2020 0 Supreme(P&H) 1594

An attested document not required by law to be attested may be proved as if it was unattested. " Proof of document not required by law to be attested -

2019 0 Supreme(Del) 1773

The notary stamp is also to be recovered because the notary who is alleged to have attested these documents is also not in existence. The source of procurement of the stamp papers is yet to be ascertained as the same bears the date of issue as 28.04.1982 but as per report of the Indian Security Press, Nasik, they were printed is 1977-1978 and dispatched in the same year, so from where and form whom they were purchased. Therefore, in these circumstances, it cannot be said that the custodial interrogation of the petitioner is not required.