Section 90 of IEA : Section 90: Presumption as to documents thirty years old.

Explanation using Example

Example 1:

Ramesh, a 65-year-old man, is in a legal dispute over a piece of agricultural land in his village. He claims that the land has been in his family for generations. To support his claim, Ramesh produces a land deed from 1940, which is over 80 years old. The document is retrieved from a wooden chest that has been in his family's home for decades. The court considers this custody proper because the document was kept in a place where it would naturally be found. Under Section 90 of the Indian Evidence Act, 1872, the court presumes that the signatures and handwriting on the deed are genuine, and that the document was duly executed and attested.

Example 2:

Sunita is contesting the ownership of a house that she claims was gifted to her by her late uncle in 1980. She produces a gift deed that is over 40 years old, which she found in her uncle's personal safe. The court deems the custody proper because the document was kept in a secure place by the person who executed it. According to Section 90 of the Indian Evidence Act, 1872, the court presumes that the signatures and other handwritten parts of the gift deed are authentic, and that the document was properly executed and attested by her uncle and the witnesses.

Example 3:

Vikram is trying to prove that he is the rightful owner of a piece of commercial property in Mumbai. He presents a lease agreement from 1975, which is over 45 years old. The document was found in the archives of a local law firm that has been handling the property transactions for decades. The court considers this custody proper because the document was kept by a professional entity responsible for such records. Under Section 90 of the Indian Evidence Act, 1872, the court presumes that the signatures and handwriting on the lease agreement are genuine, and that the document was duly executed and attested.

Example 4:

Anita is involved in a legal battle over a family heirloom, a piece of jewelry that has been passed down through generations. She produces a will from 1950, which is over 70 years old, found in her grandmother's old trunk. The court considers this custody proper because the document was kept in a place where it would naturally be found. According to Section 90 of the Indian Evidence Act, 1872, the court presumes that the signatures and other handwritten parts of the will are authentic, and that the document was properly executed and attested by her grandmother and the witnesses.