What to do if there is one person as a witness rather than two
18-Jul-2023 (In Property Law)
Sir, my uncle had given a property by a Gift Deed to my father on 21/05/2012. And that property was registered on that day. Now he filed a legal suit by telling that the gift deed is fraud and illegal. And he is appealing in the court that for cancelling the Gift Deed. Sir, I summarize his points in his petition : 1) He comes to know about this gift deed by June 2018. 2) There is only one witness in the deed 3) He was told by my father, that the purpose of the registration is for the ‘Power of attorney’ given to my father. But sir, my father has registered the property lawfully. My father did mutation of that property on the year 2012 and have holding no in his name (my father) too. My father also paid property taxes over the year. I find only one problem of the deed which is, witness of one person instead of two. Please give me suggestion, what should we do?
Minimum of two witnesses are required to attest to the gift deed. Usually, the number of witnesses required varies from one state to another. A gift deed can be cancelled by court order only on the ground of fraud, coercion, undue influence, misrepresentation etc. However the facts of each case differs from case to case. Since you are already contesting, its best to go on the advice of your lawyer. One more thing you cannot sell the property during the pendency of the suit which is the subject matter.
Dear querist,
Once the gift deed is registered there is no legal requirement to summon any of the attesting witness(es) for deposition to prove that the donor has signed in my/our presence, the basic required ingredient in evidence. The deposition by Sub-Registrar (or his official) with the record of the subject document is enough. There is nothing illegal, invalid or wrong.
But yours is a typical scenario, I would suggest you to take help of my senior who’s senior advocate of Calcutta high court... an opinion on this matter is needed or you might loose your property...
Regards
Once the gift deed is registered there is no legal requirement to summon any of the attesting witness(es) for deposition to prove that the donor has signed in my/our presence, the basic required ingredient in evidence. The deposition by Sub-Registrar (or his official) with the record of the subject document is enough. There is nothing illegal, invalid or wrong.
But yours is a typical scenario, I would suggest you to take help of my senior who’s senior advocate of Calcutta high court... an opinion on this matter is needed or you might loose your property...
Regards
Dear client,
As per the details provided by you my legal suggestion would be that according to section 123 of transfer of property act the gift deed is to be always signed and attested by two witnesses and if it is not done then the said gift deed may be declared null and void but still don't loose hope as the law is vast field and there is always answer for every problems , its better you consult and engage good lawyer to conduct your case.
As per the details provided by you my legal suggestion would be that according to section 123 of transfer of property act the gift deed is to be always signed and attested by two witnesses and if it is not done then the said gift deed may be declared null and void but still don't loose hope as the law is vast field and there is always answer for every problems , its better you consult and engage good lawyer to conduct your case.
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.
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