Confussion during cross examination
SRINIVAS KOTAMMRRI
(Querist) 25 December 2015
This query is : Resolved
Dear Sir,
My wife filed and my self are living seperately from 2009. The family court granted me divorce which is pending in High court.
My wife filed partition suit on behalf of my minor son against my father and all our 3 brothers incuding me. In the above suit there are 3 items.
1. Item No.1 - Self acquired property of my father.
2. Item No.2- Ancestral property.
3. Iterm No.3-My self acquired property.
She is argueing that out of the income generated from Item No.2, Item No.1 was purchased and out of the income generated from Item No.1 & 2 Item No.3 was purchased and hence my minior child is entitled to get share in all the three items. She did not submitted any documentary evidence in support of her claim.
From the above Item No.1 was self acquired property of my father. He purchsed the land by obtaining loan from his provident fund 35 years ago.
Item No.3 I purchased by obtainign loan from bank.
During cross examination due to stress, when asked I replied the "My father got item No.1 of the from his father" and the judge recorded the same.
The judge also recorded " At this stage the coursel for defendents intervened and told the witness in the box to understand item numbers and give answers. Then the witness stated that item No.1 is self acquired property of his father and the earlier answer is with regard to Item No.2".
Infact my father acquired Item No.1 by obtaing loan from his Provident fund and we submitted the loan sanction letter to the court.
I request you to tell what will be the impact of my confused statement in the case.
Please let me know.
SRIDHAR
Devajyoti Barman
(Expert) 25 December 2015
Your mistake is corrected and nothing to worry anymore. Anymore you must exhibit the loan documents in support of nature of acquisition of those properties. Documentary evidence is best evidence.
Kundan Kr. Singh
(Expert) 25 December 2015
Expert opinion is right.Documentry evidence is best evidence.
SAINATH DEVALLA
(Expert) 26 December 2015
I sail with the views of AdvBarman.
Advocate. Arunagiri
(Expert) 26 December 2015
Even if you say any wrong information (ancestor property) during the chief or cross, the judge will take only the information (self acquired property) on record.
T. Kalaiselvan, Advocate
(Expert) 04 January 2016
As rightly opined by experts above, the documentary evidences will speak volumes about the case, so there is nothing to worry about such errors.
