Responsibility of witness
Querist :
Anonymous
(Querist) 26 November 2011
This query is : Resolved
1)If a person related to the documents can he sign in the place of witness, if signed is it a documents get valid or rejected.
2) What is the role of witness in the sale deed , like is the contents binds him or he is the witness only for the signature and the signed person identification
Devajyoti Barman
(Expert) 26 November 2011
1. Any person, related or not can be an witness to a document.
2. He can depose on anything related to the document including its content, identity of the parties or their signatures, their mental or physical fitness at the relevan time. etc.
V R SHROFF
(Expert) 27 November 2011
AGREED with Dev,
He is Witness for Signature only, and identification of Party he signed for.
In case he has personal knowledge of full details of transaction, he can depose so in the court of Law, otherwise he has to only identify party, date, and type of doc executed. {[related or not], but reliability differs in case of related.}
Guest
(Expert) 27 November 2011
I feel you have not been able to express your first point properly about "person related." So, it is better to make your point clear, in what way the witness is a related to the document, i.e., whether he is the title holder & owner of the property, article or goods, as mentioned in the document, or simply he prepared the concerned document/ sale deed? The second part of the question depends about the clarification on the first point.
Advocate. Arunagiri
(Expert) 27 November 2011
Only parties to the agreement can not be a witness.
For example if A & B are entering an agreement, A or B can not be a witness to that agreement.
What is the meaning of related to document?
Guest
(Expert) 27 November 2011
I agree with Mr. Arunagiri.
Sailesh Kumar Shah
(Expert) 27 November 2011
1) I have similar view as Shri Arunagiri.
2) Role of witness only for the signature and the signed person identification only.
Raj Kumar Makkad
(Expert) 27 November 2011
The basic question raised by Dhingra ji is still unanswered by author so no definite reply can be submitted. Though second query has already been clarified by almost all experts but I am of the view that the second query has been raised in context with the first. so until 'connected with document' word used in query no. 1 is not defined by author, the reply of query no. 2 should also be treated as unanswered.
Shonee Kapoor
(Expert) 28 November 2011
Unless they are the parties to the agreement, anyone can be witness to it.
Witness need not know the contents of the agreement, his role is that, the document was signed in his presence only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
