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Abhimanyu Bind (Account & Audit Assistant)     26 March 2017

Role and legal responsibility of a witness in land deal

What will be the future responsiblity/duty of the person/s who have signed a registered land sale deed in capacity of a witness if a dispute has been filled in court?

Can a witness change his statements in court which are contradictory to the documents signed by him? What can be the consequence in such situation?



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Dr. Atul [9013898936] (Lawyer, Scholar)     26 March 2017

Originally posted by : Abhimanyu Bind
What will be the future responsiblity/duty of the person/s who have signed a registered land sale deed in capacity of a witness if a dispute has been filled in court?
 


Section 68 Indian Evidence Act. And the evidence of an attesting witness is limited to the fact of execution of the instrument and not any antecedent or subsequent facts (unless of course he has personal knowledge of such facts, in which case, he is not merely a witness to the instrument but a material witness to other facts in issue).

 

Originally posted by : Abhimanyu Bind
Can a witness change his statements in court which are contradictory to the documents signed by him? What can be the consequence in such situation?

 

 

Deposing merely as an attesting witness, the most that such witness can contradict is the facts related to execution and if the document is registered in accordance with the Registration Act, the registration shall prevail, as given under the Proviso to Section 68.

And if the attesting witness is deposing on questions beyond execution, well, he'd be treated like any witness!

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