Witness & identifier
kishor
(Querist) 30 December 2013
This query is : Resolved
Sir,
My question is that what is the meaning of witness & identifier in any sale deed.
Whether witness is more responsible or identifier for the sale deed. If any member of a family has disputed the land although he is not absolute owner, but now he is also agree for sale of the said land. Is it enough to make him introducer or witness in sale deed or to take a separate declaration of no objection? sir plz suggest me i m in trouble. I should make him introducer or witness in the sale deed?
ajay sethi
(Expert) 30 December 2013
state full facts of your case. appears to be academic query
Devajyoti Barman
(Expert) 31 December 2013
Make him a confirming party. Witness is also a good option, not identifier.
kishor
(Querist) 31 December 2013
@Devajyoti. Plz suggest me. what is confirming party. Is there any option in sale deed for confirming party? Plz help me. Witness is not confirming party at all?
Devajyoti Barman
(Expert) 31 December 2013
yes , in sale deed make a person confirming party if he had earlier any dispute with the property so he can be estopped from raising the same again in future.
T. Kalaiselvan, Advocate
(Expert) 31 December 2013
He can be a witness to the execution of sale deed, that will dis-entitle him in the future if he intends to stake a claim in the property on any issue.
kishor
(Querist) 01 January 2014
@ T. Kalaiselvan, sir only making him witness will suffice or any particular satatement has to be taken by him in sale deed? Some one told me that witness confirms only the execution of instrument but not the contents of the same. Sir, is it true? If, making witnes is sufficient for dis-entitlement in future, plz quote the relevant act/section etc. Sir, this wil be a great help for me.
