Property Law
allurisivajiraju
(Querist) 24 January 2009
This query is : Resolved
Respected Sir,
In one case Miss. 'Y' executed a registed sale deed in respect of immovable property in favour of Mr. 'X' which was attested by Mr.'Z' who was husband of Miss. 'Y'. Actually the said proerty is belongs to Miss. 'Y' and 'Z'.
After a long time ie 15 years after the Mr. 'Z' who attested in previous sale deed claimed his share in the said property from Mr. 'X'.
Now I want a citations with regard to " An attestation of deed itself estops a man from denying what ever except that he withdrawn excution of deed ".
Thanking you Sir in advance.
smilingadvocate
(Expert) 25 January 2009
Mr. Allurisivajiraju,
as per your contention he is only an attesting witness but not a party to the sale deed, if the schedule of property shown is ofthe both y and z then z cannot plead ignorance even if he pleads ignorance even then also you cannot claim any rights over his share under the said document as he isnot a party he is estopped only to an extent ofhis knowledge as to the document but not for questioning your title.
