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CS Professional · Drafting, Pleadings and Appearances · Types of Documents

Meera Traders Pvt Ltd signs a lease deed for an office floor and keeps the signed original in its own record room. A written lease is a document, and the Indian Evidence Act would class it as a 'private document' only if it is not a public record. In the usual classification of documents, which description best fits this lease deed when it is considered by who executed it and where it is held?

The lease deed is a private document. It is executed between private parties and kept in a company's own records, so it is not an act or record of a public authority. Concerning immovable property does not by itself make a document public.

  1. APublic document, because it relates to immovable property
  2. BPrivate document, because it is executed between private parties and held by one of themCorrect
  3. CJudicial record, because it concerns a legal right
  4. DOfficial document, because it is signed by a company

Explanation

Documents that are not acts or records of sovereign authority, public officers, tribunals or public records are private documents. A lease between two private parties kept by one of them is private. Relating to immovable property does not make it public; only a registered copy held in public records would be a public record copy, not the original.

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