Is document written with pencil a legal document? Can such document be franked in some bank and treated as a proper legal document? Please reply, its urgent!!!
Akshat (as/d) 29 July 2011
Is document written with pencil a legal document? Can such document be franked in some bank and treated as a proper legal document? Please reply, its urgent!!!
pervez (adviser) 29 July 2011
No.. since alteration is easily possible.... The authenticity would be under dispute at a later years...
V.Vinayachandran (Advocate) 29 July 2011
Sir,
Any matter expressed or described upon any substance by means of letters , figures or marks or by more than those means, intended to be used, or which may be used, for the purpose of recording that matter is a document.
As per the above said defenition in the Indian evidence act, a writing is a document. But the writing must be intened to be used. A document may be written either by pencil or pen or by any other means.
V. Vinaya chandran, advocate, Kollam, Kerala.
pervez (adviser) 29 July 2011
Except conclusion, I do agree with my learned friend Mr. Vinaya chandran. The above opinion of mine was based on the definition as provided in Indian evidence act as also keeping in view the practical aspect.. The writing has to be proved also in evidence.. the question of correctness / unaltered would arise at the time of proof only... No prudent banker would accept the docuement written by pencil...
jeetendra patel (lawyer) 30 July 2011
LEGAL POSITION AS CITED BY LEARNED ADVOCATE IS CORRECT.BUT BANK AUTHORITY WILL BE RELUCTANT FOR FRANKING.
J.P.PATEL.PUNE ADVOCATE (9921158871)
Jennifer Aniston 09 November 2020
danesh advocate 04 January 2024
Sir what about the piece of paper or some sheet that contains any particulars about financial transactions which was written in pencil and the same was recovered by IT dept, during their search?? How that document will be treated and how much the legal validity those documents hold before court of law.??
Danesh, Coimbatore.