Witness???

Querist : Anonymous (Querist) 10 November 2011 This query is : Resolved
Whether it is Compulsory to have documents witnessed??

Further Who can/Can`t witness the documents????

Consequence in case document not witnessed

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Guest (Expert) 10 November 2011
when a document is executed it must be witnessed by one or more independent witnesses.
the person executing and in favour of whom it is executed can not become the witnesses in that document.
if not witnessed it is doubtful and unbelievable in the court as it is fabricated one.

Satya Mani Tiwari (Expert) 10 November 2011
I agree A document speaks in the court as evidence if spoken through the mouth of Witness.

A document without mouth is dumb & deaf.

prabhakar singh (Expert) 10 November 2011
TO ANSWER YOUR FIRST QUESTION"Whether it is Compulsory to have documents witnessed??"

MY ANSWER IS YES WHEN LAW REQUIRES SO.AND MANY TIME LAW DOES NOT ONLY REQUIRE WITNESS
BUT ALSO LAYS DOWN THEIR NUMBERED REQUIRED ON THE DOCUMENT AS WELL AS THE PARTICULAR MODE IN WHICH THE WITNESS IS SUPPOSED TO COMPLETE HIS ACT OF WITNESSING.

IF YOU ARE AN ADVOCATE AND YOU LOOK TO BE SO
IN MY GUESS,THEN MUST HAVE BY THIS TIME THOUGHT OF ILLUSTRATIONS THAT MAY BE.

YES! YOU ARE RIGHT AM TAKING OF A will and a gift deed which require at least 02 witnesses and attestation as a mode of witnessing.

Documents for which the law does not lay down necessity of witnessing are also invariably witnessed on the premise that in case of dispute arising in future between parties,court shall treat the evidence of parties as interested witness and shall look for some corroborative independent evidence,then if witness are not there how independent evidence could be adduced.???

prabhakar singh (Expert) 10 November 2011
In answer to your second question"Further Who can/Can`t witness the documents????"

The answer is all those persons who are capable to enter into any valid contract can stand as a witness to any document.

M.Sheik Mohammed Ali (Expert) 10 November 2011
yes, i do agreed with experts query reply

prabhakar singh (Expert) 10 November 2011
"Consequence in case document not witnessed"

If it is WILL or GIFT it shall be treated a void document and no right could be enforced
at all.

Even if not required by law to be witnessed
in case of a court dispute it would be hard to meet out the standard of proof the law of evidence lays down for proof of a fact.

prabhakar singh (Expert) 10 November 2011
Expert : M.Sheik Mohammed Ali is my fan,always inclined to agree with me even before my answers are complete.

Rajeev Kumar (Expert) 10 November 2011
I do agree with Prabhakar sir

Shonee Kapoor (Expert) 10 November 2011
I agree with Ld. Mr. Prabhakar after reading his complete suggestions

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 10 November 2011
MR. Singh has left no room for anything.

Querist : Anonymous (Querist) 10 November 2011
Can anyone please post the article/link to the article containing full detail about the witness rules & Procedures???

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