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Thumb impression

(Querist) 10 November 2011 This query is : Resolved 
Respected Experts,

Is there any law mandating that only Left Hand Thumb Impression (L.T.I.) of an illiterate person must be taken on a document.

Is there any provision that in case of illiterate males, L.T.I. must be taken and that in case of illiterate females, Right hand thumb impression must be taken.

Could anybody explain in detail?
prabhakar singh (Expert) 10 November 2011
No! there is no enactment ,it is just customary to distinguish between two males and females.

But we should realize that custom too have the force of law.
prabhakar singh (Expert) 10 November 2011
For requirement of signature or mark you are advised to go through General Clauses Act.

i have put it in detail some time in past in reply to a query made in august,you may browse.
Shonee Kapoor (Expert) 10 November 2011
Agreed.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah (Expert) 10 November 2011
In my opinion, this is purely custom.
Sailesh Kumar Shah (Expert) 10 November 2011
go:-
http://www.lawyersclubindia.com/forum/Thumb-Impression-13240.asp
prabhakar singh (Expert) 10 November 2011
my detailed answer can be had at follwing thread

http://www.lawyersclubindia.com/experts/Thumb-Impression-216546.asp
prabhakar singh (Expert) 10 November 2011
Have heard of the Act called "General Clauses Act, 1868 and 1887."

Perhaps not other wise this query might have not come from you.
section 3 of the Act defines several terms one among them is SIGN and MARK AS FOLLOWS::

""Sign" with its grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include, "mark", with its grammatical variation and cognate expressions, ".

The use of LTI represents thumb mark of a man and the use of RTI represents thumb mark of a women.hence to give clarity to this aspect people use to represent so which is followed as convention and custom and an established custom becomes part of the system and gets recognition of law of procedure.
prabhakar singh (Expert) 10 November 2011
Expert : R.Ramachandran remarked at itas follows:

"Yes, as rightly mentioned by Mr. Prabhakar there is a convention about the Thumb Impressions for Gents and Ladies. Because of such a convention there is no separate requirement to mention about LTI or RTI. But if one wants to write RTI or LTI that is also permissible. Non writing of the words 'RTI' or 'LTI' will not in any way affect or create any doubt about the factum of the affixation of thumb impressions themselves."

THAT oF SHAH WAS:
"I endorse the opinions of both experts."

AND THAT OF DHINGRA JI WAS:
"Well advised by Shri Prabhakar Singh."
Ravikant Soni (Expert) 10 November 2011
Six month before I have also asked this question.
Ravikant Soni (Expert) 10 November 2011
http://www.lawyersclubindia.com/forum/thumb-impression-35325.asp
sridhar pasumarthy (Querist) 10 November 2011
Soni Sir,

How could i verify the link mentioned by you
Piyush Vaishnava (Expert) 11 November 2011
I do Agree with Ld. Prabhakar Sir.


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