Sec 90 evidence act 1872
mohammed imtiaz
(Querist) 02 March 2013
This query is : Resolved
Respected Sir/Madam,
Please confirm that can any body challenge the signature on the document as forge after 30 year.
As the document which they are challenging is made in the year 1980.stating that there is a forge signature are there in that.
One more think as the file the case in the year 2008 as that time the document is 28 year old.
can we take the plea for sec 90 of evidence act now.
thank and regards
imtiaz
Manjeet kumar sahu
(Expert) 03 March 2013
You can take ur stand under section 90 of Indian Evidece Act,1872. Moreover,Section 32(2) would be more relevant.
prabhakar singh
(Expert) 03 March 2013
The period of 30 years must be reckoned from the date, the document purports to bear. If no date is given in a document it can be proved by extraneous evidence that it was executed thirty years ago. Thus, if a document is bearing the date by which it is 30 years old, or a document bearing no date but proved to be thirty years old, is produced from a proper custody its execution MAY BE PRESUMED by the court. The court should be cautious about the age of a document. A document may be written yesterday and a date of 30 years ago
may be put on it.
Rajeev Kumar
(Expert) 03 March 2013
I too agree with Prabhakar sir and one more thing i would like to add is that the signature may be written yesterday and dated 30 years old but it can be proved by sending this paper to forensic science lab through the permission of court.
mohammed imtiaz
(Querist) 04 March 2013
I really thankful to all of you.
But the document with the housing board since 1980 as the case is file due to which they handover to the court .
in which there is a signature on lease cum sale agreement.in column of family detail .the other side is chanllenge that signature are forge .
Devajyoti Barman
(Expert) 04 March 2013
The 30 years time has mere presumptive value, it is not fool proof. The genuineness of a document of more than 30 years can always be disputed and rebutted.
prabhakar singh
(Expert) 04 March 2013
Read my answer in the light of facts you stated in your first post which reveals that when document came in court not 30 but only 28 years were completed.
Besides it is discretionary presumption and as told by Mr.Barman too,like any presumption,it is rebuttable.
Raj Kumar Makkad
(Expert) 04 March 2013
I think the question of limitation has neither agitated nor replied. The question here also arises when such forgery came to the knowledge of the plaintiff? If the suit has been filed within 3 years of such knowledge only then such discussion can be taken care of.
prabhakar singh
(Expert) 04 March 2013
We should not surmise as we need simply to address a query.
