Kartheek D. N. (Trading) 17 December 2008

Case Law on Consent Witness.

December 17, 2008 Dear Sir/Madam: Subject: Case Law on Consent Witness. There is a property which is ancestral. Father is not there anymore. Legal heirs are myself, mother, brother and sister. Mother and brother want sister to sign as a consenting witness and not as a vendor as they have spoken to her to give money at a later date. But, the purchaser is saying that sister signing as a consenting witness is not possible because tomorrow she may create some problem. So, I would like to know if there are any case laws on consent witness and if there are any which are they. Looking forward to an early reply. Best Regards, Kartheek D. N.

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3 Replies

Raghavendra.Rao (lawyer) 17 December 2008

hopefully see this site may be helpful

supremecourtcaselaw.com

Cheers

Raghavendra.Rao (lawyer) 17 December 2008

Your sister is the legal heir to the property , if you want to sell the property consent from your sister is also required as a party to the agreement and not as a witness . if you have made an agreement that you will give her the share of the transaction that is mutual understanding which is left to you people

Role of a witness is totally different that what you have presumed (remember he/she is not party to the contract )

Purchaser's concern is valid

please refer supremecourtcaselaw.com for any case laws asis a database

Cheers

Kartheek D. N. (Trading) 19 September 2009

Dear Mr. Raghavendra Rao:

Thank you for your reply. The property got sold recently, but not to the builder referred above. Sister signed a release deed for the above mentioned property.

Best Regards,

Kartheek D. N.