Role of witness in sale deed
anubha tiwari
(Querist) 20 May 2012
This query is : Resolved
What is the responsibility of witness on sale deed of agri land and subsequently if found fraud.
Nadeem Qureshi
(Expert) 20 May 2012
Dear Querist
it's depend on the facts and circumstances.
Feel free to call
A V Vishal
(Expert) 20 May 2012
An attestation of an instrument by a witness only signifies that the attesting witnesses have seen the executant sign the instrument. Such witnesses are not parties to the transaction, they are not deemed to possess any knowledge of the contents of the instrument nor are they deemed to give consent to the contents of an instrument. Therefore, any person attesting an instrument is only a witness to the signature and not a witness or consent to the contents of the instrument of the transactions contained in the instrument.
anubha tiwari
(Querist) 20 May 2012
I signed on the deed as a witness in good faith and as a brother officer as no other person was available to sign as witness in favour of Mr. XX at that moment. Since I am physically not residing at that place from last 17 years (moreover it’s not my home town) so I personally did not know the actual identity of land owner Mr YY. But in the instant case, the undersigned has signed in the sale deed as a witness which was meant to substantiate only the identity of Mr. XX, the purchaser.
In fact the area Patwari who also belongs to ST community had verified and confirmed the identity of land owner Mr YY and signed on the register being maintained by Registrar office. Moreover, it is the duty of the purchaser and the Registrar official to confirm identity of the land owner before purchase to avoid litigation at later stage.
Subsequently, an objection against above dealing was filed by Shri zZ S/O Mr YY in the office of Addl Tehsildar, in which he stated that his father Mr YY already passed away few years back and the person who did the registry in place of his father may be a fraud person.
Adv.R.P.Chugh
(Expert) 20 May 2012
Witnesses can be prosecuted for forgery/perjury/fabricating false evidence.
Shonee Kapoor
(Expert) 20 May 2012
I agree with expert opinion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 20 May 2012
Agreed with Experts view.
If not identify, witness cannot sign , if somebody sign foe dead person.
JANAK RAJ VATSA
(Expert) 21 May 2012
the witness is a testimony to the attestants and failure to do so carries liability for prosecution
anubha tiwari
(Querist) 22 May 2012
But I and Mr xx both are outsider.beside above we also stopped process of mutation.Kindly intimate it comes under which act.
anubha tiwari
(Querist) 22 May 2012
Beside above,in same forum,it is also said that
As a witness signatory you only witnessed this person signing any document in this case sale deed in your presence nothing more then that. What happens to this document/sale deed is not you’re out look; you are not even supposed to know the contents of this documents/sale deed. If you are a person of age of majority.i.e. 18 years or more of age, of fit mental status i.e. not suffering from any mental disability or illness & you could be legally identified, you can witness any person signing any document in your presence & you sign as a witness in his or her presence. The court shall ask you about your witnessing as I told you above such document only & not what this entire document contains. This the legal position as far witnessing any document is concerned.
and
U had only signed in the capacity of a witness. It only says that so and so have signed in your prescence. Apart from that the person signing as a witness has no responsibility at all.
request clarify as we both not belong to that place being out sider. also needed legal advice.
