Right of lawyer to ask about income tax details
ash83
(Querist) 23 January 2018
This query is : Resolved
Hi,
We have property dispute between my aunt and my Father and uncles filled on 2010. My aunt is my Father sister. For equal share. The property is already registered by grandfather to sons on 2001 with one portion given to my grandfather (ancestral property ) directly to her.
The case status is in evidence and opposition lawyer is questioning about what we have done with property allocated to each sons share. My first uncle questioning is over. Its my father turn now. And another two uncles questioning next.
My father is not educated much. Opposition lawyer is asking him all irrelavent questions. In his share he has build one buildings through which he earns rent . The building is build from his hard earned money only. The building is build before the case was filled on 2010 and when we were in good terms.
Does lawyer has any right to ask him ( please pardon my question to all experts lawyers here )
1. Wheather he pays income tax for the rent earned.
2. Asking him to submit income tax filling details
3. To show proof of tax filling.
4. Wheather the property is converted
My father as answered him, I don't know about it as my son's takes care he is educated.which is true.
I want to understand the intentions.
My lawyer is not raising any objections in court at all to what ever questions the opposition lawyer asks.
Please help here. What can opposition ask and what not. What is the right of the person who is questioned. For which he can say I cannot answer your question to lawyer. I believe the income tax details should be question by income tax officials not him. Also PAN details are private details.
Thank you so much in advance for replies.
ash83
(Querist) 23 January 2018
Please help answer
Vijay Raj Mahajan
(Expert) 23 January 2018
In cross examination the opposite lawyer can ask all relevant questions to test and verify the truth in the statement in chief/affidavit of the witness, nothing to worry, the questions relating to Income Tax was asked to confuse the father so he will make some statement that can be used against him in the present case only, but rightly so the father replied that the income tax issues is being looked after by the son on his behalf as he doesn't have much knowledge of the law and rules relating to Income tax.
Guest
(Expert) 23 January 2018
Mr. Rajashekar,
One fundamental fact you must understand that once a persons gets in to the witness box, all his rights are left outside the witness box, specifically when cross-examined by the opposite lawyer.
In fact, your lawyer should have given some instructions what to say on some tentative questions expected from your opposite lawyer. Of course nothing much can be anticipated with what intention what sort of questions the opposite lawyer would ask. But by virtue of his experience the concerned lawyer can anticipate what tentative questions can be asked to his witness.
When a witness is cross-examined, even if the question is indirectly has some relevance to the issue the other lawyer cannot raise any objection, except for clarification purpose. The expertise of the lawyer of the witness side lies in the art how to get the things rectified through re-examination of his witness.
Here I think the question about income tax or return was not relevant, if the dispute is only for sharing of the property of the deceased and no allegation of your aunt is there in the petition to have shared the expenditure for construction. That point has not been clarified by you also. But if no such issue of sharing of construction expenditure is contained in the petition, your lawyer should have raised appropriate objection.
ash83
(Querist) 23 January 2018
Thanks for the reply experts. to clarify further, no cost is shared by my aunt for any of the constructions or property improments. also we are ourself paying property taxes from ages . she has filled for equal partitions. she is given a site by my grandfather. the share is not enough. the property is already registered by my grandfather in favour of sons in 2001 when we are in good terms with aunt.
from 6 months the questioning my father with 3 times he ask for next date. still another two sons questioning is pending after my father. the opposition lawyer always asks for next date.
we are in content that ..nothing can affect the partitions which are excetuted on 2001. the property law Dec 2005 and recent pulavati case 2015. which favour us. the partions which has taken place before 2005 cannot be reopened.
my question is my lawyer says, questioning should continue and we cannot file directly the applicable supreme Court order reference now. please clarify what should be our next steps.
by the way the case is going, the opposition lawyers ask for next date and questioning goes for 6 months for each person another two uncles still to go, not sure when it will end.
please let us know what sud be our next steps.
J K Agrawal
(Expert) 24 January 2018
Nothing left to answer. The experts well advised.
At this forum, it is not possible to prepare your entire case.
If you have doubt on expertness of your advocate you should take help of other senior advocate.
