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Showing contexts for: unsigned document in Dr. Kumari Shantha Arogyadoss ... vs Tmt. G.C. Kamala Sri Hari And Ors. on 30 June, 1999Matching Fragments
21. For the purpose of Section 23, it is a document executed that has to be presented for registration. An unsigned document or when there is no intention to give effect to the document cannot be said to have been executed. Sanjiva Row on his commentaries to Registration Act (Eighth edition), at page 323 has said thus, The execution shall mean that the deed was executed with all the formalities necessary for its completion. It has to be a valid execution and not nearly signing of the document. It means something more than mere writing on a document and signing execution includes due execution i.e., it includes all facts which would be necessary in order to establish due execution. It has been observed in Phimpson on Evidence that execution of a document containing certain clauses will imply the knowledge of its content, signature must be intended to govern and authenticate every material part of the instrument. Execution by an unauthorised person is void. Though the word "execution" has not been defined in the statute but it has been accepted that execution consists in signing a document which has been written, read over and understood, and it does not mean merely signing a name upon blank paper-sheet. Executing where applied to document means the last act or the series of acts necessary to complete it. Thus the execution of the deed is signing by the parties, the attesting by the witnesses and the delivery of the same. The execution includes a process which is to be gone through to complete a document. All the formalities necessary for the validity of a legal Act have to complete or give validity to by performing that law requires to be done as by singing. Sealing, etc. It means some thing more than signed.