Execute and Executed

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..... "execute" and "executed" thus Bryan A Garner, Black's Law Dictionary (Thomson Reuters, 2009) pgs 649-650: execute, vb. (14c) 1. To perform or complete (a contract or duty) ...3. To make (a legal document) valid by signing; to bring (a legal document) into its final, legally enforceable form ... executed, adj. (16c) 1. (Of a document) that has been signed ... The term 'executed' is a slippery word. Its use is to be avoided except when accompanied by explanation...A contract is frequently said to be executed when the document has been signed, or has been signed, sealed, and delivered. Further, by executed contract is frequently meant one that has been fully performed by both parties." William R. Anson, Pr .....

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..... Commentary (supra) sets out the following position Supra at note 16, pgs 389-390, 390, 617-618: A document is liable to be set aside or declared inoperative by a civil court when it was not voluntarily executed. But that is an altogether different consideration nor coming within the jurisdiction of Registering Officer. The correct legal position seems to be that though the Registering Officer cannot take any decision as to the legality and validity of an instrument which has been presented for registration, there cannot be any admission of execution when the plea taken by the executant before the Registering Officer, if found true, would invalidate the deed. An execution does not mean merely signing but signing by way of assent to the te .....

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..... document has been executed. The proviso to Section 68 stipulates that it shall not be necessary to call an attesting witness to prove the execution of a document if it has been registered under the Registration Act, provided that its execution is not specifically denied by the person who is purported to have executed it. In relation to this provision, Sarkar's Law of Evidence notes "Sudipto Sarkar and Dr. H R Jhingta, Sarkar: Law of Evidence-In India, Pakistan, Bangladesh, Burma, Ceylon, Malaysia & Singapore: Volume 1 (LexisNexis, 2016)": The term "execution" is not defined in any statute. It means completion, i.e., the last act or acts which complete a document and in English law this is known as "signing, se .....

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