Registered Document is presumed to be valid unless otherwise proved
https://main.sci.gov.in/supremecourt/2019/29674/29674_2019_34_1501_24672_Judgement_16-Nov-2020.pdf
Prem Singh and Ors. v. Birbal and Ors. 8 (2006) 5 SCC 353
The relevant portion of the said decision reads as below: “27. There is a presumption that a registered document is validly executed. A registered document, therefore, prima facie would be valid in law. The onus of proof, thus, would be on a person who leads evidence to rebut the presumption. In the instant case, Respondent 1 has not been able to rebut the said presumption.
In Aloka Bose v. Parmatma Devi and Ors. (2009) 2 SCC 582
"It has been held that signature of the vendee is not mandatory in a sale deed".
"Apart from the above, the evidence of the witnesses also shows that there was a concluded contract. Therefore, even though the draftsman who prepared the agreement might have used a format intended for execution by both vendor and purchaser, the manner in which the parties had proceeded, clearly demonstrated that it was intended to be executed only by the vendor alone. 46 22. Thus we hold that the agreement of sale (Ext. 2) signed only by the vendor was valid and enforceable by the purchaser.”
Comments
Post a Comment