LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

YOGESH YADAV   19 July 2018

Witness testifying in Civil Suit

I had agri land which is purchased by my father in his own name. After death of my father land transferred to my account. My aunt claiming this land as her and her husband provide money for purchasing land. The witness in Purchase Deeds are rivals of me. They are against me. Is any effect of these witness in this suit if they tell my aunt and her husband provide money for purchasing land. There will be no paper evidence of they give money to my father. But I had record of my father's job, salary slips, provident funds payment.


Learning

 5 Replies

R.Ramachandran (Advocate)     19 July 2018

Dont worry.  Even if they provided money, at best they can recover the money.  For that they should have documentary proof.  They cannot get the property which is in your name now.

In case they bring any Court case, better engage a good lawyer and protect your interests.  You need not get worried or give them any answer - except saying that "As far as I know, the property was purchased by my father out of his own income".  Dont give anything to them in writing. That's all.  When any legal case comes, at that time engage a good lawyer.

Presently, simply remain cool and keep quiet.

Kumar Doab (FIN)     20 July 2018

Verbal contentions do not matter, be IT by said aunt or her husband or witnesses or by all or by anyone.

Record all threats, and remain gentle.

Approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt ……………..and show all docs/record for a considered opinion

Check for such counsels at LOCAL Civil courts, HC.

Kumar Doab (FIN)     20 July 2018

In  the meantime check the said sale deed and find IF the said uncle, aunt were witnesses in said agreement/deed, and said witnesses have signed as mere witness seeing the executants signing the instrument (only) or your father has signed any document towards getting loan/advance from said uncle and aunt.

If the said witnesses are against you at the moment, can’t you crease the differences if any!

The witnesses may also understand eventually/later that they can be prosecuted for false representation.

Kumar Doab (FIN)     20 July 2018

For the time being you may go thru;

Indian Evidence Act;68

Registration Act; PART VII OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES, PART XII

OF REFUSAL TO REGISTER (75)

Kumar Doab (FIN)     20 July 2018

Isn't IT same matter posted by you in other thread..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register