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shilpashetty (Shop Owner)     25 July 2016

Document proof or to prove the d1 daughter of her mother m1

In court we need to prove that D1 daughter of her Mother M1.

We have WILL made by Mother M1 of Property P1 mentioning that daughter D1 is her daughter and the property will go to her in the year 1980 and it is registered WILL.

We have another WILL made by daughter D1 in year 1994 to her Son S1 on the same property P1 and mentioning that she is daughter of Mother M1, even this WILL is registered.

Apart from this we don’t have anything to show that D1 is daughter of Mother M1.

Is this registered documents is not sufficient to prove in the court?

Kindly clarify.

 



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 9 Replies

N.K.Assumi (Advocate)     25 July 2016

Your case is not based on disputed paternity but maternity case. So, why do you wish to prove the maternity of D1, is there any reasons? as far as legitimacy of a son or daughter is concern, even science can not overrule the established facts based on evidence, I mean in such case of science verses law the law will prevails.But what is the reasons to prove that D1 is the daughter of M1?   Or do you mean to say that D1came through Test Tube?

Kumar Doab (FIN)     25 July 2016

Is it the same query?

 

https://www.lawyersclubindia.com/forum/D1-daughter-of-her-mother-m1-document-to-prove-140120.asp

P. Venu (Advocate)     25 July 2016

Strange issue! What is the need to prove 'maternity'?

shilpashetty (Shop Owner)     25 July 2016

Mother M1 as an agriculture land and it is in dispute. The opposite parities were saying that the D1 is not the daughter of Mother M1. The case is filed by the Son S1 of D1. Now Mother M1 and Daughter D1 both are no more. In that case they are saying D1 is not a daughter of Mother M1.

Please let me know if you need more clarifification.

P. Venu (Advocate)     25 July 2016

The person who affirms has to prove the same.

Kumar Doab (FIN)     25 July 2016

Your able counsel shall take you through.

If the allegation is false then the complainant shall be taken to task.

shilpashetty (Shop Owner)     25 July 2016

Thanks for the clarification. In case if we need to prove the relationship or Not of D1 daughter and Mother M1. WILL registered document will be sufficient right? Just to for my knowledge I am asking this. Please confirm.

Kumar Doab (FIN)     25 July 2016

Your able counsel shall take you through.

Discuss in person with your counsel.

shilpashetty (Shop Owner)     25 July 2016

Thanks for all your help, I got the answer verified section 90A explains Presumption as to Documents of 30 years old. If the 30 years old document registered, court will accepts it.

Where any document, purporting to be proved to be thirty years of old, is produced from any custody, which the Court in the particular case considers proper, the Court may presume that the signature and every part of that document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of document executed attested, that it was duly executed or attested by the persons by whom it purports to be executed and attested.


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