AI Overview...
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Signature or Mark Requirement - The absence of a signature in a sale deed does not necessarily invalidate it, especially if the deed is proved through thumb impressions or marks of illiterate parties. Courts have accepted thumb impressions as valid proof of execution when the party is illiterate (e.g., Devaraj VS Alamelu (deceased) - Madras, Kosaraju Ramaiah Chowdary VS Sunkara Veerabhadraiah - Andhra Pradesh, Duraikannu Padayachi VS Meera - Madras, In the Goods of: Belarani Ghosh (Deceased) VS Alo Dey - Current Civil Cases).
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Attestation and Witnesses - It is not always mandatory for the executant to see witnesses sign; what matters is that witnesses attest the execution in the presence of the party or receive acknowledgment of their mark or signature. Multiple witnesses signing in presence of the executant or attesting to the mark suffices, and no strict form of attestation is required (VINAYAK WAMANRAO THAKRE VS MAHAMMAD HANIF - Nagpur, Veerappa S/o Shivappa Chetti VS Kalakappa S/o Channappa Chetti - Karnataka, N. Kamalam VS Ayyasamy - Supreme Court, In the Goods of: Belarani Ghosh (Deceased) VS Alo Dey - Current Civil Cases).
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Legal Presumptions and Evidence - Registered sale deeds can be admissible without the signature or thumb impression of the executant if other evidence proves execution. However, failure to produce original documents or prove execution weakens the case (Raj Kumari VS Sheela Devi - Himachal Pradesh, Mohit Koiry VS Dhanrajia - Allahabad).
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Specific Cases - In cases involving wills or reconveyance deeds, attestation may be less stringent, but proof of execution remains essential for validity. The courts emphasize that signatures, marks, or acknowledgment by the executant are critical for establishing authenticity (Duraikannu Padayachi VS Meera - Madras, N. Kamalam VS Ayyasamy - Supreme Court).
Analysis and Conclusion:
It is not strictly necessary for a sale deed to bear the signature of the executant to be valid. Thumb impressions or marks can suffice, particularly for illiterate parties, provided proper attestation by witnesses and proof of execution are established. The law permits flexibility in proof, and the absence of a signature alone does not invalidate a sale deed if other evidence demonstrates proper execution (Devaraj VS Alamelu (deceased) - Madras, VINAYAK WAMANRAO THAKRE VS MAHAMMAD HANIF - Nagpur, Raj Kumari VS Sheela Devi - Himachal Pradesh).
Search Results for "Is it Necessary to Mark a to a the Signature of Excutant to Prove the Sale Deed"
2023 0 Supreme(Mad) 3287 • India - Madras
C. KUMARAPPAN
deed, and found that the absence of a signature in the sale deed did not invalidate it, as the thumb impression of the illiterate ... The court concluded that the absence of a signature in a sale deed did not invalidate it, as the thumb impression of the illiterate ... Ratio Decidendi: The absence of a signature in a sale deed did not invalidate it, as the thumb impression ... sign or affix his mark#HL_E....
1950 0 Supreme(Nagpur) 97 • India - Nagpur
MANGALMURTI, R.KAUSHALENDRA RAO
It does not insist that the executant must have seen the attesting witnesses sign the instrument as it does in the case of the signature ... from her a personal acknowledgment of her mark, and both of them signed the deed in the presence of the executant. 2. ... Act, as the attesting witnesses Akaji and Gulabrao saw the executant Chandrabhagabai affix her mark to the mortgage deed and received ... Act as the attesting witnesses Akaji (P.W. 2) and Gul....
1982 0 Supreme(All) 620 • India - Allahabad
P.N.BAKSHI
Non-production of attesting witnesses to prove the execution of a deed of reconveyance, which is not required by law to be attested ... Whether the non-production of attesting witnesses to prove the execution of the deed of reconveyance rendered the evidence inadmissible ... SPECIFIC PERFORMANCE - CONTRACT OF SALE - DEED OF RECONVEYANCE - ATTESTATION - REGISTRATION - EVIDENCE ACT, 1872, SECTIONS 67, ... That this is not necessary is clear from the fact that a person c....
2016 0 Supreme(HP) 2331 • India - Himachal Pradesh
SANDEEP SHARMA
However, the defendant was able to prove the valid execution of the sale deed. ... The High Court found that the defendant failed to prove the valid execution of the Will, but the sale deed was valid. ... However, the execution of a sale deed can be proved by other evidence. ... of his signature or mark, or the signature of such other person; and each of the witnesses shall sign the Will in the pr....
2020 0 Supreme(Kar) 124 • India - Karnataka
NATARAJ RANGASWAMY
or mark or of signature of such other person and each of whom has signed instrument in presence of executants but it shall not be ... succession - Whether defendant No. 2 proves that defendant No. 1 being absolute owner sold suit land in his favor under Registered Sale-Deed ... necessary that more than one of such witnesses shall have been present at same time and no particular form of attestation shall ... instrument in the presence and by the direction of the executant, or has receiv....
1969 0 Supreme(AP) 137 • India - Andhra Pradesh
K.MADHAVA REDDY
Whether the registered sale deeds were admissible in evidence without the executant's signature or thumb impression? 2. ... Munsiff due to the absence of the executant's signature or thumb impression. ... EVIDENCE ACT, 1872 - SECTION 90 - REGISTRATION ACT - PRESUMPTION OF DUE EXECUTION - REGISTERED SALE DEED - ADMISSIBILITY IN EVIDENCE ... signature or the word sign as per the General clauses Act where the petson is uuable to write his name, include mark but that....
2003 0 Supreme(Mad) 1087 • India - Madras
S.R.SINGHARAVELU
Will-Original will not produced-Signature on the will also not identified-Held, will not proved. ... instrument, or has seen some other person sign the instrument in the presence and by the direction of the excutant, or has received from the executant a personal acknowlegment of his singature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence ... of the executant; but it shall not be necessary#HL_EN....
• India - Current Civil Cases
ARIJIT BANERJEE, ARIJIT BANERJEE
and binds whole world, subject to not being upset by a higher forum – Probate Court is a Court of conscience – When testator’s signature ... of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.” ... (b) The signature or m....
1987 0 Supreme(All) 198 • India - Allahabad
K.P.SINGH
Finding of the Court: The court held that the plaintiff failed to prove the execution of the sale deed by the defendant ... The court held that the plaintiff failed to prove the execution of the sale deed by the defendant because he did not file the original ... sale deed and did not provide a valid reason for not doing so. ... Thereafter the appellate court has failed to examine the admitted signature or thumb mark#HL_E....
2001 5 Supreme 689 • India - Supreme Court
UMESH C.BANERJEE, A.R.MISRA
and mark of the testator and that the will is duly attested. ... ... Held : The effect of subscribing a signature on the part of the ... As regards the latter maxim, the attesting witness must subscribe with the intent that the subscription of the signature made stands ... of his signature, mark etc. ... shall be necessary. ... shall be necessary." ... Further, attestation being an act of a witness, i.e., to testify to the genuineness of the signature#HL_E....
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