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SANKARPRASAD (MNGR)     04 April 2025

Witness responsibility in fmily settlement deed

A & B are wife and husbands Hindus and living together. They were did their signatures as Witness for one of their family members property settlement deed.

Now A&B are trying to claim as they have the partners in the same portion for which they acted as Witnesses during partition. And saying they don't know in fact what was written in partition document and they know only the persons in between the partition was happened. 

Can they do like that? Is it vald ? Wll they have any right to claim ?

Pl. Clarify.

 

Regards



 9 Replies

T. Kalaiselvan, Advocate (Advocate)     05 April 2025

It is not necessary that the attesting witness to a document should know the contents of the document hence there's no illegality about it.

SANKARPRASAD (MNGR)     05 April 2025

Thank you sir..

Regards

R.K Nanda (Advocate)     05 April 2025

1.yes, they can do that if they have share in said property. 

2. Yes,it is valid. 

3.yes, they have a right to claim.

4.the only mistake they did is that they didn't read the contents of document before signing it as witnesses. 

T. Kalaiselvan, Advocate (Advocate)     05 April 2025

Under Indian law, an attesting witness to a document, like a will or a sale deed, is not required to know the contents of the document; their primary role is to confirm the execution of the document, not to understand or verify its contents. 

The attesting witness's function is to ensure that the person signing the document (the executant) signs it in their presence, or acknowledges their signature, and that the witness also signs the document in the presence of the executant. 

R.K Nanda (Advocate)     05 April 2025

It is legal duty of every person to read and know the contents of document which he is signing as witness because if some legal problems occur in future he will also in trouble. 

kavksatyanarayana (subregistrar/supdt.(retired))     05 April 2025

Family members' family settlement means, they do not have a property? Your query lack clarity in my view.

Dr. J C Vashista (Advocate )     06 April 2025

Attesting Witness(es) do verify signature of the executant of the subject document(s).

The witness(s) have no right, interest, claim or title in the subject property.

P. Venu (Advocate)     09 April 2025

The facts, as posted, are less than convincing.

SANKARPRASAD (MNGR)     09 April 2025

OK Mr. Venu.  Thanks for your comments. 

 

 


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