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C P Sridhar (Director)     24 July 2013

Authenticity of 30 years old document

My father's elder brother (eldest) has executed a "partition deed" in favor of my father for coneying the rights for their fathers house in May 1983. and has signed on behalf of my father's another two yournger brothers. In this partion deed he says he is signing on behalf of his other two brothers as their "general power agent". But there is no "power of attorney" or "confirmation letter" from both the other two borthers.

This deed is registered in local registrar's office and my father has been paying all taxes since then. The encumberance certificates from 1983 onwards show his name as the owner.

Is it necessary to now obtain a "no objection certificate" or "no claims/right over the property" from my father's other two brothers or their surviving wife/children ?

If as per 1982 evidence act clause 90, this document beyond 30 years is valid, can we assume that there can be no claim from any one for this property and my father is the absolute owner ?

Please let me know your legal opinon.    


 1 Replies

shambhu pandey (assistant)     25 July 2013

The document is valid u/s 90 of the evidence have every right to prove the genuiness of this document

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