My father purchased agriculture land 25yrs back through registered sale deed but he didn't do mutation of the same. Seller son has filed application at tasildar claiming inheritance of land after his father's death and got land changed to his name in revenue records. we have filed a stay & declaration of ownership case in the court. Also appealed with Asst commissioner against taslidar's order, there we won the case and land was mutated in my father's name. also we got stay from court for not to interfere and alienate us from our land and seller son has gone to high court over the stay but his application was rejected and our stay has prevailed. Now court case is at evidence stage, Seller son has also signed registered sale deed as a witness(not as consenting witness). Seller son is saying that they didn't sell the land but only gave documents as surety for a loan, which they also claim that it has been paid and forgot to take documents back or cancel registered sale deed. my deceased father migrated from the village 20yrs back and i know no one trust worthy in the village to call as witness. All witnesses who signed registered sale deed are dead except one, this witness who has survived is looking after our land since my father migrated from the village. Seller son has claimed in his wp that this witness has conspired against him and produced fake owners(us). To give evidence on our behalf this witness is blackmailing us to sell our land to him, i've audio recording of the same. My question is 1) Is it compulsory to have a witness? What are my chances of winning this case without producing a witness and with only help of registered sale deed and other documentary evidence like EC from sub registrar office, land tax receipt?
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You chances are very bright, provided your case is being handled by a competent advocate with integrity.
You see, the registered sale deed is itself conclusive and clinching evidence that your father is the owner.
All witnesses, evidences of the other party, have no evedentiary value, when confronted with the registered sale deed; unless the other party challenges the sale deed itself
Advisable to examine witness
2) registered sale deed , tax receipt, EC will help you in making out a case to prove your ownership of land
Dear Sir,
- Registered Sales deed is sufficient to prove your ownership.
- Submitting witness evidence is additional support to put your case strongly and leaving no chance left for opposition to delay and play against you.
- Incase your witness is blackmailing, you can file complaint against him u/s 503 along with cal recording (Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.)
- Advisable to hire good lawyer and present all additional evidence i.e sales-purchase of any item i.e water pump, any tax receipt etc
Regards
Vivek Arya
Title disputes are not generally settled in a writ petition. Writ petition is not the platform for settling any disputed matter of fact and High Court also does not entertain such disputes. So the question of providing evidence in HC is much less except in rare circumstances.
So when High Court issued stay order pending final disposal of the case, the legal issues attached with this will get priority for argument in and consideration by High Court.
So first confirm whether in your state can agricultural land be sold freely to any person or there is any restrictions imposed by state government. Is there any illegality then HC can remove such illegality by issuing necessary order directions.
Otherwise, registered sale deed is a valid documents and serve as a proper evidence in support of lawful owner /holding lawful title to the property.
You have all the good chance towintoas the plaintiff himself signed the sale deed along with the other witnesses. This is clear in the documents and court prima facie accepted the fact that the land was sold to your father
1. No it is not compulsory to examine witness in your case the sale deed is there on record with signature so the contention of the son that they gave it as surety is false and not maintainable sale deed is direct documentary evidence and it make your case good on merits.
If you don't have witness then there is no option left to you. You can rely on the said sale deed and other documents you have. They will suffice in such situation
Dear Sir,
It is very hard for them to win the case. On the other hand you have documentary evidence that to registered sale deed and its execution is always presumed as bonafide. You must take second opinion and get some hints as to how to destroy the case of other side during the course of cross examination by putting intelligent questions to that party and his witnesses.
Sale deed documents and encumbrance certificate is enough to win.
Dear Client,
There is presumption of authenticity of registered document. Even if witness turned hostile, no effect to your title. And his case that documents as surety for a loan will not survive. Further he is also witness to sale deed, why worrying.
The documentary evidences in your possession should be sufficient especially when the seller and buyer are no more living and also the witnesses have died.
You are going on a right path, you may concentrate in yor case properly on the basis of available documentary evidences and merits in your side.
