Ali Fathima (Doctor) 14 October 2010

Liability of a witness in Power of Attorney Deed & Sale Deed

Hello everybody,

Please let me know the liability of a fourth witness in the deed of power of attorney & a subsequent sale deed.

My son-in-law had signed as a witness in a power of attorney deed in 2007 executed in favour of a person known to him for the past seven years with no monetary benefit. This person later on went in for selling the property through a subsequent sale deed in which also he was the fourth witness.

Today my son-in-law received a notice from an advocate that the power of attorney deed was created in a fraudulent manner with fake photograph and fake signatures of the original land owner and fraudulently sold it to a third party through the above mentioned sale deed.

My question is, as my son-in-law is totally innocent who only wanted to help this person by signing it, what is his legal status in this whole scenario as a legal witness.

Please guide. Any advice will be greatly appreciated.

Thanks in advance.

Dr. Fathima

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7 Replies

M. A. Khan (advocate) 14 October 2010

A witness identify the person who executes the deed or POA. that means witness knows the exeuctant personally. If he doesnt know and sing as witness, its an offence.

adv. rajeev ( rajoo ) (practicing advocate) 15 October 2010

If he knows the person in whose favour POA is executed in the year 2007 then there is no problem your SIL can easily identify him. Why your son is afraid of it.

zahur (Advocate) 16 October 2010

Mr. M.A. Kahan is right. A witness identify the person who executes the deed or POA. If he doesnt know and sing as witness, its an offence.

bhagwat patil (Property due diligence 9422773303) 17 October 2010

while singing the POA the person who have given the POA was present in person and signed infront of ur son in law NO PROBLEM. he has only identify in court of law.otherwise he has to face the litigations.

SACHIN AGARWAL (ADVOCATE) 27 November 2010

The witness means that the concerned document has been signed in his presence and he knows the persons signing the said document. If your son in law knows the executant and the person in whose favour it has been executed and also can identify them, there is no problem.

N.K.Assumi (Advocate) 26 December 2010

What is important is whether the Notary notarized the documents by the person in person and not the witness, as you are emphasising more on witness. Once the Notary satisfied the identity of the person and notarized it his functions is completed.The most serious error made by notaries is failure to require the person to appear before the notary before notarizing the document. The person who signed the document must always appear in person. Failure to observe this requirement can result in criminal and civil liability and the loss of the notary's commission. So what is important is not the witness but the person who produced the documents before the Notary.

raghavendra (dont know) 17 February 2012

i went along with my uncle for property purchase registration. I had to sign there as a witness for 4 people who are unknown to me as a witness after the registration was done. so is there an issue witht hat i signed it as a first witness. plz let me knwo if i had done any offence, if so please suggest me what to do next...this is my first tiem to registar office.