partition document attested by close relatives

Asokkumar Manickam (Querist) 06 January 2024 This query is : Resolved
However, attestation by a person, who has an interest in the subject matter of document attested stands on a distinct footing. Attestation by such a person raises the prima facie presumption that he knows the contents and acquiesces in the disposition of the property by the deed he attests.
Is there any Supreme Court verdicts to support the above points

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This discussion explores whether attestation of a partition document by close relatives, who are also beneficiaries or have an interest in the property, implies they are aware of and agree to its contents. While one perspective suggests a prima facie presumption of knowledge and acquiescence, another view states that an attesting witness merely confirms the signatures of the parties involved, not necessarily their understanding of the deed. The complexity arises when such witnesses later deny awareness of the document's terms, particularly regarding shared access like common roads. Consulting a legal professional with the specific documents is recommended for clarity.

kavksatyanarayana (Expert) 06 January 2024
Your query is not clear. No supreme court judgments in my view. If a person signed as a witness in a document, it is presumed that he knows the contents of the document.

Asokkumar Manickam (Querist) 07 January 2024
1) 1945 partition between my father and his brother.
They have equal rights in well and it's associated lands ( vaari).
Two survey nos combined to s.no 196/1in 1972 resurvey settlement.(S.no 187A&187B)
2) 2010 we, 4 brothers made a partition, in which my cousins , heirs of father's brother have attested and identified the persons participated.in the partition. Actually my cousines participated in the partition discussion, which cannot be proved unless they also accept it.
3) in the partition we have provided a road in our portion in the combined land of (187A and 187B) 196/1 and continued in their land mentioned as common road.(has been shown in drawing in the partition deed.)
In 2013 one of my cousines signed a purchase agreement with advance of 20L and cancelled in 2018
Now our cousins are refusing that they are not aware of the contents of the deed and just witnessed as good gesture only, and not accepting the common roads,
Uner the above conditions wheather it is legally accepted that my cousines aware of metes and bounds of the deed .

Asokkumar Manickam (Querist) 07 January 2024
Both attestation and witnessed the partition document.,

Asokkumar Manickam (Querist) 07 January 2024
My cousines signed a purchase agreement for a land in s.no 196/1 and cancelled in 2018

kavksatyanarayana (Expert) 07 January 2024
The documents have to be perused to form an opinion and hence consult a local well knowledge advocate for guidance.

T. Kalaiselvan, Advocate (Expert) 14 January 2024
It is not necessary that the attesting witnesses to know the contents of the document that they have attested.
The meaning of attesting witness is to say that the parties have signed the document which they have attested.
It is a matter of trial hence you may either revert with the case details or discuss with your advocate at length and decide as suggested.

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