LawRato

Sale deed witness part is not appearing to court


08-Oct-2023 (In Civil Law)
Sale deed was executed in the year 1966-1967, Buyer and seller are expired. Buyer has all evidences to claim the property. but one witness who has done signature his still alive and not coming to court to tell the true facts.Till date all khatas, Pani and tax paid in the name of buyer. So what will be consequences if witness who is alive not coming to court. How can we take it forward witness age is 92 years he can not read but he can identify his signature.
Answers (3)

Answer #1
893 votes
He can get examine witness through commission under order 26 rule 9 Code of civil procedure to record the evidence of the witness regarding his signature in the sale deed which is referred in the query.
Helpful? LawRato LawRato
Answer #2
989 votes
Hi, as per your query it is understood that the property is under the possession of the buyer legally and all the documents such as kathas, pani and tax receipts are up to date and stands in the name of the buyer. Then what is the concern on enjoying the property and use it or dispose it as per the wish of the buyer. Why does the buyer needs the witness who has signed to come to the court. There is no need of it unless it is mandated by the court.
Helpful? LawRato LawRato
Answer #3
831 votes
Sale deed was executed in the year 1966-1967, Buyer and seller are expired. Buyer has all evidences to claim the property. but one witness who has done signature his still alive and not coming to court to tell the true facts.Till date all khatas, Pani and tax paid in the name of buyer. So what will be consequences if witness who is alive not coming to court. How can we take it forward witness age is 92 years he can not read but he can identify his signature. File a petition before the AC under senior citizen welfare and protection Act u wll get relief
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."