How to prove sale deed is genuine
GANGAM.RAJENDER.
(Querist) 14 November 2013
This query is : Resolved
respected experts,
my friend father purchased the land which was registered in the year 1967.my father and the witness are died only one witness is alive.
the only one witness is the son of land owner.the land owner HAD EXECUTED the sale deed also died.the only witness contesting that the signature is not mine.the land belonged to the ancestral and not partitioned amongst the land owner FAMILY.
MY FRIEND FAMILY FILED THE SUIT FOR DECLARATION OF TITLE AND PERMANENT INJUNCTION AGAINST THE WITNESS AND HIS SON.
THE PERMANENT INJUNCTION IS GRANTED AS EXPARTE ORDER.
Q1. HOW TO PROVE THE SALE DEED EXECUTED WAS GENUINE.
Q2.WETHER MY FRIEND FAMILY WILL SUCCEED IN THE TITLE SUIT OR NOT ?
IF ANY CASE LAWS RELATING TO THE ABOVE FACT PLS PROVIDE.
AND GIVE ME VALUABLE SUGGESTION.
Dr J C Vashista
(Expert) 15 November 2013
1. Call for records of Sub-Registrar
2. The end result depends upon evidences of both parties, presentation of the case and destiny of your client etc. etc.
Ms.Nirmala P.Rao
(Expert) 15 November 2013
Summon handwriting experts to test the veracity of the signature of witness who attested the sale deed and also subject him to Cross examination.Also summon records of the sub registrar and also take nil encumbrance certificates, property tax receipts etc from 1967 onwards to prove genuineness of the sale deed.If you wish to thank me for this reply please click the thank you button on my profile.
Adv. Chandrasekhar
(Expert) 15 November 2013
The sale deed can be proved in the manner as suggested by the above experts. But the mute question remains that the seller was competent to sell the A N C E S T R A L property in 1967. If he was not competent, then even though the genuineness of sale deed is proved, the legal heirs have the right to claim their share of the sale deed property.
Rajendra K Goyal
(Expert) 15 November 2013
Well advised by the experts, case law is not provided.
