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Madras High Court· 10 September 2026

Is a registered document presumed to be validly executed, with the onus to rebut that presumption on the person challenging it?

M.Santhanam v. P.Ponram
AS(MD).56/2024 · 2026:MHC:3755 · A.S(MD)No.56 of 2024
Coram: Justice P.Vadamalai
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Answer

A registered document is presumed to be validly executed and the onus to rebut that presumption lies on the person challenging it.

Yes. A registered document is presumed to be validly executed and the onus to rebut that presumption lies on the person challenging it. The initial onus was on the plaintiffs who had challenged the registered settlement deed, and on the evidence adduced there was no rebuttal of the presumption. (¶18)

Headnote

Indian Evidence Act, 1872 — s.68 — Registered settlement deed — Specific denial — Partition — Self-acquired property — Partition — Property allotted to a coparcener — Self-acquired, not ancestral — Held: Property allotted to a coparcener on partition ceases to retain the incidents of joint family property and becomes his self-acquired property with absolute rights. (¶15) Indian Evidence Act, 1872 — s.68 — Registered document — Attesting witness not required — Held further: Where execution of a registered document other than a Will is not specifically denied, the proviso to s.68 applies and no attesting witness need be called. (¶17, 19) Indian Evidence Act, 1872 — s.68 — Presumption of valid execution — Onus on the party challenging — Held further: A registered document is presumed to be validly executed, and the onus to rebut that presumption lies on the party challenging it. (¶18) Partition — Registered settlement deed standing in the way — Cancellation a condition precedent — Held further: A plaintiff cannot seek partition of property covered by a registered settlement deed without having it cancelled or set aside. Appeal dismissed. (¶21, 22)

Headnote

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In the Court's own words
Paragraph 18The material records of this case reveal that the disputed document is a registered one and therefore, as guided by the settled legal principle that a document is presumed to be genuine if the same is registered, as held by the Hon’ble Supreme Court in the case of Prem Singh and Ors. v. Birbal and Ors. reported in (2006) 5 Supreme Court Cases 353. The relevant portion of the said decision reads as below:
Acts & Sections
s.68 Indian Evidence Act, 1872

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Also decided in this judgment
Is property allotted to a coparcener on partition his self-acquired property and not joint family property?Must an attesting witness be called to prove a registered document, other than a Will, whose execution is not specifically denied?Can a plaintiff seek partition of property covered by a registered settlement deed without having it cancelled or set aside?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections