Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 92: Presumption as to documents thirty years 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 any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.
Explanation: The Explanation to section 80 shall also apply to this section.
Illustrations:
- (a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody shall be proper.
- (b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be proper.
- (c) A, a connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody shall be proper.
Brefe Detail
Section 92 of the Bhartiya Sakshya Adhiniyam, 2023 addresses the presumption regarding the authenticity of documents that are thirty years old. When such a document is presented from a custody deemed appropriate by the Court, it is presumed that the handwriting and signatures are genuine. This section helps establish the validity of older documents, especially in legal disputes regarding property or ownership.
Question & Answers
Q1: What does Section 92 state about documents that are thirty years old?
A1: It states that the Court may presume the authenticity of the signature and handwriting of any document that is thirty years old, provided it is produced from a proper custody.
Q2: Under what conditions does this presumption apply?
A2: The presumption applies when the document is produced from custody that the Court considers proper.
Q3: What must be proven for the handwriting to be considered authentic?
A3: The signature and other parts of the document must purport to be in the handwriting of a specific person, and it must be shown that the document was duly executed and attested by the relevant parties.
Example
- Example 1: A has been in possession of a piece of land for many years and presents old deeds from his custody, demonstrating his ownership. The Court may presume these deeds are authentic due to their age and proper custody.
- Example 2: A is the mortgagee of a property. He produces old mortgage deeds, but the original owner (mortgagor) is still in possession. The Court considers the custody proper and may presume the documents are valid.
- Example 3: A produces old deeds related to land in B's possession, which B entrusted to A for safekeeping. The Court may regard this as proper custody and presume the documents are authentic.
Summary
Section 92 of the Bhartiya Sakshya Adhiniyam, 2023 establishes a legal presumption of authenticity for documents that are thirty years old, provided they are presented from custody deemed appropriate by the Court. This section reinforces the credibility of older documents, particularly in disputes concerning property rights and ownership.
