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will deed of 33years old

Querist : Anonymous (Querist) 10 June 2010 This query is : Resolved 
In suit deffendent filed a wiil deed of 33 years old without evertment pleadings that the will was singned by the excuter in a sound mind,and the wittness are singed on the will and after the demise of the excuter it was acted upon me, with out the said pleadings can the court belive the document,under sec90 of IndianEvedenceAct {and after 3years of filing suit for partition he subbmitted that will, that he found the will deed in trunk box}
Sankaranarayanan (Expert) 10 June 2010
what is ur question.
the sec 80 IE act given some details on it

some examples

A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody is proper.

A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody id proper.

A, connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody is proper.

niranjan (Expert) 10 June 2010
Not necessary that the document u/s 90 when exhibited,the contents are also believed.The contents will have tobe proved.Mere exhibiting the document does not prove the contents.
Uma parameswaran (Expert) 11 June 2010
Mere delay in filing the documents not make it as false document.


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