Propert dispute
Singh
(Querist) 24 January 2014
This query is : Resolved
Hello all,
my father has died leaving behind 3 sons(A,b,c) and one daughter(d).the 2 sons(b,c) and 1 daughter has relinquished their 1/5 share each in favour of the mother by registered requilnshment deed in year 1991 and on the basis of this RD mother became the owner of 4/5 share and 1/5 in the name of son(A) who has not relinquished.Mother further gifted her 4/5 share in favour of (B) vide gift deed in the year 2000 and son A has filed a case for posseession of his 1/5 th share.The point is we need to prove the RD and GD in the favour of Mother and subsequently in the favour of son (B).Both documents are duly registered with Sub Reg. delhi however those docs. have only 1 witness each and they are not willing to depose in court regarding the execution of Docs.If we summon those witness then they may dispose against B that they have not signed as witnness or they may not come even after summoned by court .So My question is in these circumstances how we could prove the authenticity of RD and GD as the fact is both docs are duly registered with SR, Delhi and signed by the parties.However now one of the son (C) is challenging that RD and GD and saying he has not signed RD and Gift deed also not executed by mother in favour of B.If we summon Sub Reg and get it proved than what are the chances that we are able to prove execution of RD and GD.Please suggest the way and procedure to prove the docs.I am expecting a detailed reply from you experts so that we can summon the witness and able to prove the docs.
Thanks
ABDUL RAZIQUE
(Expert) 24 January 2014
As per your question:
Both RD and GD documents registered in the office of SR Delhi with one witness.
There is no problem with one witness because there is also an identifier whose name is admitted in the office endorsement. That means two person is present at the time of registration of deed.
Another question is that C was not present or execute any deed in favour of mother than it is a matter of proof.and same in the matter of GD.
So it is my personnel request to U that contact Lawyer with all documents.
Yes you can take shelter of law regarding the genuinity of deed.
Raj Kumar Makkad
(Expert) 24 January 2014
You have a very good case as many flaws seem appearing so better to consult a local civil side lawyer along-with all relevant documents.
