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Head Note

The Indian Evidence Act,1872  - Section 68 , Section 90 , The Transfer of Property Act, 1872  - Section 123

Registration Act, 1908 - Sections 17, 34, 47 to 50 - Gift Deed - Proof of Execution of Document - Presumption - Thirty years old document - The Appellant palpably failed in proving the signatures of the attestators to the Gift Deed, and, therefore, has pursued his case by evoking Section 90 as the cornerstone of his pleadings - Once it is satisfactorily proved that the document is thirty years or more in age, Section 90 thereupon dispenses with the formalities of producing the executant and or the attestators thereto - Gift Deed in question was tendered in evidence five months prior to having become thirty years old not entitled to relaxation - The Appellant did not even attempt to prove the Gift Deed in any manner known in law - Appeal liable to be dismissed.

Topic(s)-Gift Deed - Proof of Execution of Document not Proved