Burden of proof of gift deed
ckanta
(Querist) 04 September 2014
This query is : Resolved
Sir,
I am contesting one case where I am the owner of the property by virtue of gift deed by my mother and my brother has filed a suit for possession and onus of proving the gift deed is on me .
It was regd document and I have summoned the registrar and 2 witness .However one witness who was an advocate sitting at sub reg.office got expired and not geeting his whereabouts .other witness was ready to be examined as DW and gave affidavit in the court but now he has influenced by opposite party and not appearing in the court and saying if you put any pressure on me to appear I will depose againt you. Though he has given affidavit signed before oath commisioner and that affidavit is on record.
Could you please suggest how to prove that document as my mother got expired and its a geniune document. How could I confront the witness so that my documnet shall be proved otherwise It will be problem for me.
could I be asked questions to my witness as he will get hostile and depose against me.
what shall be the value of his affidavit he has given earlier.
PLease suggest.
Thanksin advance.
Devajyoti Barman
(Expert) 05 September 2014
Do n0t worry. Even if he becomes hostile you can can prove his signature by sending the same to forensic expert.
Rajendra K Goyal
(Expert) 05 September 2014
You can go for forensic expert report.
ajay sethi
(Expert) 05 September 2014
examine him . if he denies his signature on document you can always examine expert to prove his signature
Kumar Doab
(Expert) 05 September 2014
You have posted that Gift Deed is registered implying that everyone appeared before Registering Authority.
Registered document fetches more reliance.
Why are you restless.
Once the matter is in court the court shall do the needful...................................including matching the signature and examining the record from Registering authority.
P. Venu
(Expert) 05 September 2014
Your brother has filed the case. He is challenging the factum of gift. What is his assertion? Whatever it is, the onus is on his shoulders to prove his assertion. You need not venture to disprove his averment.
ckanta
(Querist) 06 September 2014
Thanks for reply but Pvenu sir the burden is on me to prove the same.
Now suggest
Raj Kumar Makkad
(Expert) 07 September 2014
You have already been suggested to perform your role of proving the case.
T. Kalaiselvan, Advocate
(Expert) 08 September 2014
Do not repeat the question without understanding the answers/replies given to your query. You can proceed as advised or consult your advocate for further steps.
