LEGAL PRINCIPLE: LAND LAW – Proof of Title to Land – Due Execution of Deed of Conveyance – Meaning of Authentication
PRINCIPLE STATEMENT
A document of title must be authenticated by due execution of it by the owner or owners of the land it purports to alienate. This does not suggest that authentication is a different or additional requirement to the execution of the document itself. ... a deed of conveyance (or document of title) must be duly executed by the owner of the land or his agent so as to authenticate it; or put in other words, a document of title must be authenticated by due execution.
RATIO DECIDENDI (SOURCE)
"A document of title must be authenticated by due execution of it by the owner or owners of the land it purports to alienate. This does not suggest that authentication is a different or additional requirement to the execution of the document itself. ... a deed of conveyance (or document of title) must be duly executed by the owner of the land or his agent so as to authenticate it; or put in other words, a document of title must be authenticated by due execution."
EXPLANATION / SCOPE
Authentication of a document of title means due execution by the owner or their agent. Authentication is not a separate requirement—it is the same as due execution. The document must be signed, sealed (if required), and delivered by the owner. The principle clarifies that authentication is not an additional hurdle beyond due execution. The document is authenticated by the owner’s act of executing it. The court examines whether the purported owner actually executed the document. Proof of execution may be by calling the executing witness or proving handwriting. The principle prevents confusion between authentication and other requirements (e.g., registration). Due execution is the core requirement. The document speaks for itself once execution is proved.