BSA Section 92 — Presumption as to documents thirty years old

Summary

If a document is thirty years old, or is shown to be thirty years old, and it is produced from a place of custody that the court considers proper in that particular case, the court may presume that any signature or other part of the document that appears to be in a particular person's handwriting is actually in that person's handwriting. Also, if the document appears to be executed or attested, the court may presume that it was properly executed and attested by the people who appear to have done so.

The explanation to section 80 applies to this section as well, meaning the same understanding of what counts as proper custody is used here.

The illustrations give examples of what counts as proper custody: (a) a person who has long possessed land produces deeds from his own custody showing his title to it; (b) a mortgagee produces deeds relating to land he holds as mortgagee, while the mortgagor is in possession; (c) a person connected to B produces deeds relating to land in B's possession, which B had deposited with him for safe custody. In each of these situations, the custody is considered proper.

Official Text

Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

Explanation.—The Explanation to section 80 shall also apply to this section.

Illustrations.

(a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody shall be proper.

(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be proper.

(c) A, a connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody shall be proper.

Sections referred to

• BSA §80 — Presumption as to Gazettes, newspapers, and other documents

Referred to by

• BSA §80 — Presumption as to Gazettes, newspapers, and other documents

Old <-> New Code Mapping

• IEA §90 — Presumption as to documents thirty years old