Attester
Sanjeevappa. L
(Querist) 02 February 2011
This query is : Resolved
one person has put his signature as witness to a sale deed. does it amounts to consent for the said sale or can the said sale deed is binds on him ? plz refer any citation.
Arvind Singh Chauhan
(Expert) 02 February 2011
Person Putting signature on a deed can depose only that particular deed was framed before him and parties put their signature on this deed before him. Deed is binding on him only to the extent of his interest on this dealing.
A V Vishal
(Expert) 03 February 2011
As a witness signatory you only witnessed this person signing any document in this case sale deed in your presence nothing more then that. What happens to this document/sale deed is not you’re out look; you are not even supposed to know the contents of this documents/sale deed. If you are a person of age of majority.i.e. 18 years or more of age, of fit mental status i.e. not suffering from any mental disability or illness & you could be legally identified, you can witness any person signing any document in your presence & you sign as a witness in his or her presence. The court shall ask you about your witnessing as I told you above such document only & not what this entire document contains. This the legal position as far witnessing any document is concerned.
Sanjeevappa. L
(Querist) 03 February 2011
sir please give me a citation
Kirti Kar Tripathi
(Expert) 03 February 2011
he can plead that he is merely a witness of signature of executor of deed and does have knowledge of the contents of deed.
Advocate. Arunagiri
(Expert) 03 February 2011
Witness means that the deed was signed before the witness. The witness need not know the contents of the deed.
M V Gupta
(Expert) 04 February 2011
But in certain circumstances attestation by a witness may operate as estopple against him in case he is in some way interested in the property in question. Ex: Coparcener signing as a witness in the sale deed of the HUF property signed by the Karta. He cannot subsequently challenge the sale on the ground that it was not for Jt. family purposes.
