Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Presumption for Old Documents - Section 90 of the Indian Evidence Act, 1872, presumes that documents over 30 years old are genuine and properly executed if produced from proper custody. However, this presumption does not apply to Wills; such documents must be proved through other evidentiary means, such as calling attesting witnesses or following Sections 68-71 of the Evidence Act. 2024 0 Supreme(Mad) 2208, 2023 2 Supreme 649, 2023 0 Supreme(All) 473, 2025 0 Supreme(Mad) 2531, 2024 0 Supreme(Telangana) 596, 2024 0 Supreme(Mad) 2119, 2024 0 Supreme(Guj) 189, 2023 0 Supreme(Mad) 3044, 2024 0 Supreme(Ker) 1010, 2024 0 Supreme(Gau) 467
Specific Judicial Stances - The Supreme Court and Privy Council have clarified that Section 90's presumption is not applicable to Wills, requiring independent proof of execution and attestation, especially when attesting witnesses are unavailable or deny attestation. This principle emphasizes the importance of direct evidence for testamentary documents. 2024 0 Supreme(Mad) 2208, 2023 2 Supreme 649, 2023 0 Supreme(All) 473, 2025 0 Supreme(Mad) 2531, 2024 0 Supreme(Mad) 2119
Challenges in Proving Old Wills - When witnesses are not available or their signatures are missing, courts may accept secondary evidence, but the mode of proof must be regular and establish that the original was searched for diligently. The absence of the original or inability to trace it impacts admissibility. 2024 0 Supreme(Telangana) 596, 2024 0 Supreme(Gau) 467, 2024 0 Supreme(Ker) 1010
Admissibility of Evidence & Objections - Marking documents as exhibits does not preclude objections regarding admissibility or mode of proof, which can be raised at any stage, including appeals. Proper procedural adherence is crucial, and irregularities in proof mode can be grounds for rejection. 2024 0 Supreme(Guj) 189, 2023 0 Supreme(Mad) 3044
Overall, very old documents, especially Wills over 30 years old, require rigorous proof beyond presumption, with courts emphasizing direct evidence and proper procedural proof to establish authenticity and execution. The presumption under Section 90 is generally inapplicable to Wills, necessitating careful proof procedures.
In legal disputes, especially those involving inheritance, property, or historical transactions, parties often rely on very old documents. But what happens when the proof is unavailable? The question arises: Reference Regarding very Old Proof Not Available. Under Indian law, courts apply specific rules to assess such documents, primarily through . This provision allows presumptions for documents over 30 years old, but with strict limitations. This blog explores these rules, judicial interpretations, and practical steps, helping you understand when age alone isn't enough.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case.
Section 90 permits courts to presume the genuineness of signatures, handwriting, and due for documents over 30 years old, provided they are produced from . However, this does not extend to the contents or overall validity of the document. When the is missing without a proper foundation for , courts exercise caution and cannot rely solely on age. 1938 0 Supreme(Mad) 253 2016 0 Supreme(HP) 1641
Key judicial stance: Mere production of an old document doesn't prove its contents. The party relying on it must lay a foundation and address any . 1984 0 Supreme(Ker) 324 2004 5 Supreme 752
2013 0 Supreme(AP) 825
Section 90 states: If a document over 30 years old is produced from , the court may presume the signature, handwriting, and are genuine. This is based on practicality, as proving ancient documents directly is challenging. 1938 0 Supreme(Mad) 253 2016 0 Supreme(HP) 1641
The has clarified that this is discretionary and narrow. It doesn't validate contents or statements. For instance, in cases with overwriting or inconsistent handwriting, courts demand strict proof. 1984 0 Supreme(Ker) 324 2004 5 Supreme 752
means legitimate possession, like family records or official archives. Without it, no arises. For unavailable originals, requires evidence of loss or destruction before admitting copies.
2013 0 Supreme(AP) 825
Example from case law: Regarding record for 2005-07, same is not available with the petitioner being very old and she has filed an affidavit to the said effect. 2020 0 Supreme(Del) 1359 Here, mere age and affidavit weren't enough without further foundation.
Courts shift the burden if doubts exist, such as cuttings or lack of attestation. The must rebut them. Mere age does not prove a document’s validity and that require strict proof. 1984 0 Supreme(Ker) 324
Section 90 does not apply to , which need proof under and . Even old require or rigorous . 1999 0 Supreme(Del) 431 2013 0 Supreme(AP) 825 2024 0 Supreme(Mad) 2208 2023 2 Supreme 649
Judicial view: for Old Documents - Section 90... does not apply to ; such documents must be proved through other evidentiary means. 2024 0 Supreme(Mad) 2208 Courts emphasize direct evidence, especially when witnesses are unavailable. 2024 0 Supreme(Telangana) 596 2024 0 Supreme(Gau) 467
In cases, long recognition can infer validity, but strict proof is needed for old adoptions. An acquiesced in and recognized for a number of years... can give rise to the inference. 2012 0 Supreme(Del) 273 2010 0 Supreme(Ori) 314
Courts wield discretion judiciously. Age alone doesn't trump procedural lapses. The under Section 90 is not applicable to , requiring independent proof. 2023 0 Supreme(All) 473 2025 0 Supreme(Mad) 2531
Other examples: In tax refund disputes, parties must produce accounts despite old records. It is for the appellants to produce materials... on their producing proper accounts and proof. 2020 0 Supreme(Ker) 222 For untraceable receipts: Any reference regarding the said receipt No.- 09100000984694 is not available in the data base available. 2019 0 Supreme(Del) 1521
Very old proof isn't a shortcut. While Section 90 offers limited help for genuineness of , unavailable originals demand proper foundation, custody proof, and rebuttal of doubts. Courts prioritize caution to prevent fraud, especially for or suspicious documents.
Key Takeaways:- limited to signatures/handwriting; contents need separate proof.- Always lay foundation for secondaries.- Dispel suspicions or risk rejection.- exempt; use Succession Act rules.
In summary, age supports but doesn't prove. Rigorous evidence wins cases. For tailored advice, reach out to a legal expert.
: foundation.
Section 90 of the Indian Evidence Act, 1872 is extracted hereunder for easy reference:- “90. Presumption as to documents thirty years old. ... Shamsher Singh, reported in (2009) 3 SCC 687, held that the concept of ‘presumption’ regarding a document 30 years old, as stipulated in Section 90 of the Indian Evidence Act, does not apply to Wills and that a Will has to ... Section 68 of the Indian Evidence Act....
Shamsher Singh, 2009 (3) SCC 687, a presumption regarding documents 30 years old does not apply to a will. A will has to be proved in terms of Section 63(c) of the Succession Act read with Section 68 of the Evidence Act. ... the basis of a presumption that the document was old. ... Veeraje Urs (D) by LRs. and Others [Civil Appeal No. 1071/2006, decided on 03.05.2013] while dealing with a similar argument regardin....
towards the mode of proof alleging the same to be irregular or insufficient. ... In order to obviate such difficulties or improbabilities to prove execution of an old document, Section 90 has been incorporated in the Evidence Act, 1872 which does away with the strict rule of proof of private documents. ... In the first case, merely because a document has been marked as 'an exhibit', an objection as to its admissibility is not#HL_E....
As held by this Court in Bharpur Singh Shamsher Singh reported in (2009) 3 SCC 687, a presumption regarding documents 30 years old does not apply to a will. ... Ramadoss) held that Section 90 of the Evidence Act is not applicable relating to proving of Will, even if Will might be 30 years old and produced from proper custody. ... Veerahe Urs (D) by L.Rs., while dealing with a similar argument re....
As pointed out in the earlier paragraphs, the petitioner had stated the reason for filing of the secondary evidence i.e., they are sixteen years old and are not available in the plaintiff company. ... In the application filed by the petitioner under Section 65(c) of the Indian Evidence Act, it was stated that the copies which was filed were pertaining to sixteen years old and that the same were not #HL_ST....
” is more that 30 years old and produced from proper custody, Section 90 is available to the Court to draw a presumption regarding its “due execution” and “attestation”; (iv) if the “WILL” is more that 30 years old and produced from proper custody, it is shown that the attesting ... Relying upon the age old principle that where a person is not specifically confronted with the evidence, i....
In the first case, merely because a document has been marked as "an exhibit", an objection as to its admissibility is not excluded and is available to be raised even at a later stage or even in appeal or revision. ... In the first case, merely because a document has been marked as ‘an exhibit’, an objection as to its admissibility is not excluded and is available to be raised even at a later stage or even in appeal or revi....
Since the witness from the Sub Registrar Office had stated that, no signature of the attestors is available, it necessitated the plaintiffs to file the photocopy of the Will, which is available in their hand. ... However, regarding objection to the marking of the document should be adjudicated either during the course of the evidence or at the end of the deposition. Therefore, unless the document is received, there may not....
“The copy of Ext.P3 produced, by its appearance, appears to be several years old. It is not possible to reject the contention that the application Ext.P3 was not made in time. ... When this Court, in its venture to identify and dispose of matters which are 25 plus years old, this appeal surfaced. When this was taken up for consideration, it was submitted by the appellant that, some of the respondents are not#HL_....
In order to obviate such difficulties or improbabilities to prove execution of an old document, Section 90 has been incorporated in the Evidence Act, 1872 which does away with the strict rule of proof of private documents. ... In order to obviate such difficulties or improbabilities to prove execution of an old document, Section 90 has been incorporated in the Evidence Act, 1872 which does away with the strict rule of proof#HL_END....
The petition is accordingly disposed of setting aside the impugned order dated 5.1.2018 and consequential communications. 6. In view of the above, nothing further survives in this writ petition. Regarding record for 2005-07, same is not available with the petitioner being very old and she has filed an affidavit to the said effect. The necessary information for the period 2015-16 after redirecting have been provided to respondent No.1.
But at the same time, it is for the appellants to produce materials regarding the person who had borne the real loss or who had ultimately borne the burden of payment of the tax, which is already collected invalidly. Therefore we hold that the appellants will be entitled for refund of the tax paid from the State Government, on their producing proper accounts and proof as to who had ultimately borne the burden. Such proof being produced, the State of Kerala is held liable for making refund. #HL....
Thus the system branch not authenticated the receipt No. 09100000984694 and the matter requires further investigation.” An effort was made again however, as per analysis, this receipt pertains tom year 2011. Any reference regarding the said receipt No.- 09100000984694 is not available in the data base available.
An adoption acquiesced in and recognized for a number of years by the person making the adoption and a long course of recognition on the part of persons who would be expected to know of the fact and who were best acquainted with the circumstances, can give rise to the inference that the conditions relating to the adoption were fulfilled. (2) Diverse circumstances may necessitate that the act of actual giving or taking should be delegated to a third person and, therefore, the parents after exer....
The natural parents should hand over the adoptive boy and the adoptive parents should receive him. An adoption acquiesced in and recognized for a number of years by the person making the adoption and a long course of recognition on the part of the persons who would be expected to know of the fact and who were best acquainted with the circumstances, can give rise to the inference that the conditions relating to the adoption were fulfilled. In case of an old adoption, however, strict ....
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