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Akshat (as/d)     29 July 2011

Is document written with pencil a legal document

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!!!



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 5 Replies

pervez (adviser)     29 July 2011

No.. since alteration is easily possible.... The authenticity would be under dispute at a later years...

1 Like

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.

1 Like

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...

1 Like

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)

1 Like

Jennifer Aniston   09 November 2020

The legal document has strict rules designed to prevent loopholes, further negotiations and future disputes. For example, legal documents should always be signed with a pen. Other writing tools are rarely used: you don’t want to sign a legally binding document on a pencil, although you may have guessed something, the pencil signature is still legally binding.

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