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Aditya (Student)     25 October 2010

Witness Objection

What will happen if the witnesses of an lease agreement (for workshop)  say that This agreement has been made in the absence of us(witnesses)( we are not witnesses for this agreement ,these signatures are not ours). Is this agreement is valid or not If the leasee and the leasor are ready that they have made the agreement or when the leasee and the leasor are not ready.



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 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     25 October 2010

If relevant parties admit the execution of the agreement then there is no occassion for ay other to intervene and opine that no such agreement had been executed or that their signature are forged. Fact admitted needs no evidence to prove but if the situation is contradictory or otherwise then the vidence of the witnesses is very important and if they deny then it is upon the party hich claim their signature genuine shall have to prove those signature by way ofexpert evidence.

Aditya (Student)     25 October 2010

Thanks.. for reply...

But .. if the witnesses have not put their signatures in their original handwriting .. they might have signed it roughly or in others handwriting... Because Parties do not know their signature or handwriting.  Because many times it happens that no one takes risk to be a witness of any thing .. either it may be an agreement or an event.. but  if some one forces or requests " please sign for witness"   then what witness does .. he or She puts his or her name roughly....  for formality only... 

  And if later on any issue arises and one Party asks witness to say in favor of me then witness says " I do not remember that I have written my name here.. this is not my handwriting"...  At that time Party  have no option... 

Then what should the party do to prove the genuineness of the agreement....


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