how to prove 30 yrs old document

ashwinisavishnainwar (Querist) 30 March 2010 This query is : Resolved
there is one will which is ambigous &30 yrs old no one is alive to prove that will how to prove that it not registered .The stamp of that will taken on 1962 &will was written on it 1973.how that will be proved .in willpossestion of 1.03acr land was which is fragment .in our dis division of less 3acr is not allowed that wants premission of collector

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Parthasarathi Loganathan (Expert) 30 March 2010
Who are the parties notified in the Will?

ashwinisavishnainwar (Querist) 30 March 2010
sir the will is not registered we are plantiff our plea is that we gave possestion of 1.03acr land by way of oral lease in 1973 but on all docments it was presusd in the name of defendent .Defendent plea is that he was son of other person to whom his mother wsa marred after death of other person she marred to plantiff father from that birth of plantiff takes place .plantiff denied all this ples of def .def filed will which is 30 yrs old .

Raj Kumar Makkad (Expert) 30 March 2010
It should be got proved by way of telling the signature of attesting witnesses found on some other documents.

Parveen Kr. Aggarwal (Expert) 31 March 2010

Section 90 of the Indian Evidence Act, 1872:

"90. 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 hand writing of any particular person, is in that person's hand writing, and in the case of document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

Explanation - Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin or if the circumstances of the particular case are such as to render such an origin probable."