Hello,
A property was gift deeded by a person to his grandson . This proves that the said property was self acquired. In a partition suit filed by a opponent the person who gift deeded the property has said that the said property was earned by joint family income. So when there is a discrepancy between what the documents say and what the person says in cross examination which will take precedence.
Thanks
Generally documentary evidence tends to carry more weight, but the credibility and context of the statements made by individuals during cross-examination can also influence the outcome.
At the stage of evidence when documents are tendered in evidence, the opposing party has the right to object to the document being admitted in evidence and marked as an exhibit. Objections are basically of three types:
(a) Objection to the document purely on ground of absence/insufficiency of stamp duty.
(b) Where the document is by itself admissible in evidence, but the objection is directed towards the mode of proof alleging the same to be irregular or insufficient.
(c) Objection that the document sought to be produced in evidence is ab initio inadmissible in evidence in terms of a relevant statutory provision, for instance under the provisions of the Registration Act, 19088, the Transfer of Property Act, 18829, etc.
In the case of Hemendra Rasiklal Ghia, 2008 SCC OnLine Bom 1017, it was established, among other things, that based on the provisions of the law, it is not feasible to decline the acceptance of a document that has been acknowledged and presented as per Rule 4 when exercising authority under Rule 631 of Order 13 of the Code of Civil Procedure, 1908. The Full Bench has clarified that a document can be presented as evidence solely when it is legally admissible for that purpose and not in any other circumstances.
