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Vikram Kumar   24 July 2023

What if evedence is suffering from parkinson/ memory loss

There is litigation against person to honour aggreement to sell land but the aggreement is void of evidence signatures making aggreement incomplete. Now the person who claim the aggreement is incomplete is suffering from Parkinson and Memory loss. How to take it forward in the interest of the person against whom case if filed and suffering from Parkinson.



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 9 Replies

T. Kalaiselvan, Advocate (Advocate)     25 July 2023

Law do not know what he is suffering from.

If he is not giving proper reply and if he contradicts his own statement then you can present strong argument, the court will decide the case on merits.

Advocate Bhartesh goyal (advocate)     25 July 2023

Person suffering from Parkinson' has to prove agreement void/forged/incomplete by other cogent evidence like experts opinion regarding  signatures. 

N.K.Assumi (Advocate)     25 July 2023

I appreciate the view of the expert T. Kalaiselvan, Advocate (Advocate) but I also wish to add my opinion on this query. The Indian courts have idntified as many as more than 21 different kinds of witnesses, and the Indian Evidence Act  provides that all person are competent to testify subject to the satisfaction of the court that the witness is competent to testify. This witness is important to the case but at the same time he suffers from memory loss, and there is no use to rely on his statements. Question is how to resolve this Conundrum in the court. The only way forward for the judge is to fall back on the Realist jurisprudence by skiping the formal law and take inspiration from the human factor, and resolve the issues between the parties.

Vikram Kumar   25 July 2023

Would like to add that aggreement is initially incomplete with no witness signature but opposite side want to prove otherwise with just the seller signature with cross examination. Seller has already rejected in court for first hearing that the aggreement to sell was forged but not available for cross examination due to Parkinson or Parkinson or health issues.

N.K.Assumi (Advocate)     25 July 2023

In a sale deed witness is not necessary, except in the case of Gift deed and Mortgage etc. In the case in hand the seller is avoiding the sale deed and his statements is recorded but incapaciated for cross examination due to parkinson disease, and it is not certain when he will be available for cross examination. The only way forward is to fall on the realist, or wait till eternity, and that depnds on the wisdom of the Judge.

1 Like

Vikram Kumar   25 July 2023

Here conflict is not about sale deed but aggreement to sell portion of farm land without witness as also against government rules not to sell government allocated farm land.

Seller do not want to sell the land since aggreement to sell itself was against government rules but now that government restrictions is lifted, buyer wants to seller to continue with the process.

N.K.Assumi (Advocate)     25 July 2023

Since the matter is now in the court, hire a lawyer and resolve the issue or issues with the erudite acumen of the Judge. All the best.

P. Venu (Advocate)     25 July 2023

Parkinson desease is not known to be assciated with memory loss. 

Shashi Dhara   28 July 2023

First file suit and take GPA to lead evidence who is suitable .


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