Veekay-Veekay (Other) 06 October 2012

Witness on a registered document - liable for contents?

My grandfather executed a document that was registered stating that all the property acquired by all his sons, before and after the execution of the document will be considered as common property. He signed it and all his sons witnessed it. This was in the 1970s.

One of my grandfather's sons is my father. Both my father and grandfather are not alive for over 15 years now. My uncle (one of the other sons of my grandfather) is stating that based on this document he discovered recently, he is claiming share in all my father's earned property and I have to give him details of all the property held by my father or he is going to take us to the court.

I don't have a problem going to the court, but my concern is does this have any merit? Given that my dad was just a witness to the document and need not have known or agreed to the contents of the document.

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4 Replies

Shantilal Pandya ( Advocate) 06 October 2012

An attesting witness by its own force not presumed to to know the contents of the document

P.K.Haridasan (Advocate) 07 October 2012

Witness as such no need to know about the matter in full length. Only He has to state as and when regquired that he put his signature as a witness in the document. In this case your father is in dual position 1) as a attesting witness 2) as a beneficiary. The legality of the actioin of your grand father's act can be a matter of judicial dispute. Winning a case depends upon the legality and evidence to prove the claim.

sam pk (Manager- Law) 08 October 2012

Is there any case law on this?

If so , pls provide.

Adarsh Malhotra (Director) 02 November 2012

from your contents I understood that your grandfather had executed a registered WILL to which your father was a witness. WILL states that all the property acquired by all his sons, before and after the execution of the document will be considered as common property. Further you had stated that now your uncle is claiming right over the property earned by your father on the basis of that WILL. Here I want to make clear that as per law one can make WILL for his earned property only. In this case your grand father can not make will for your father earned or to be earned property.