You need to examine hand writing expert to prove document was executed by Wife and attested by AW
2) you can rely upon private hand writing expert opinion to prove attestation
3) we di not recommend any hand writing expert in Chennai or Bangalore
Attested witness is denying
In a deed the attesting witness denying as his wife was not executed the document also he is not signed as witness. (Actually his wife executed the document and he signed as witness. He put signature not the thumb impression. The wife [executor] was died. 1.No other witness alive for this case what is the best way to proof his witness signature further? 2. Private agency report is acceptable court in or government agency only good ? 2. Share reliable standard private office doing the good signature verification process. Better the office is in Chennai. If in chennai not available then Banglore address please. 3. Also share relevant judgement details. Thanks.
Asked 6 years ago in Property Law
Religion: Hindu
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9 Answers
1. The executor was died, She put thumb impression and there is no other document have to compare then how to proof the executor thumb impression? 2. One alive witness the executor husband put signature in the document but he denies the execution and denies his witness signature then how to proof ? 3. As per evidence act section 68 if the executor denial then must required proof with a witness or witness denial then also need to proof with other witness? 4. Section 68 in The Indian Evidence Act, 1872 part; "Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied." here the document is not will, then "unless its execution by the person by whom it purports to have been executed is specifically denied.;" -this should be executor or any party in the case deny the execution ? Here referring the denial by the executor ? Or any other person denial ?
Asked 6 years ago
handreiting expert will do the needful and his report will taken on record but for that u have to make appliction in court for appointment of handwriting expert.
1. Other proof such as proof of signature of executor can be checked.
2. Court may.accept the opinion of private scientific expert also and can send for FSL.
3. You can search online or take help of local advocate.
There must be 2 witnesses
2) you can prove execution of document by examining other attesting witness
3) section 68 refers to denial of execution by executor of document
If no other witness is alive then you can make application for comparison of handwriting of the witness.
Private agency report is acceptable in court if the agency is approved by govt.
You have to search the Expert by yourself through Internet or you can get list of approved agency from court of Chennai or bangalore.
Is this sale deed ? And registered if yes than presumption of its validity, mere denial has no consequences.
Private report not admissible but FSl report on court order.
Witness denial has no effect , it was wife who should have questioned it and on her demise , deed is not questionable.
You can prove the same by examining sub registrar office staff his photos etc to prove his presence a and sign
The aforesaid point of law on execution is correct
1. Has he denied the signature by stepping into the witness box?, if he has not deposed his witness then just dont be worried, it is a usual tactics to deny everything in the written statement which can be handle at the time of trial properly.
2. Private agency if has a licence for this task approved by government can be reliable and trust worthy witness subject o authenticity of the evidence in an acceptable manner known to law.
3. The signature can be sent to forensic department for the opinion of the handwriting experts to certify the same, the office is located in Chennai, you can send it through court itself.
1. If it is a thumb impression on a registered document, there is no need to prove the same before court.
2. Answer to this question was given in the previous post itself that wait for the person to step into the witness box and deny the same, after which his signature can be sent to forensic department for the opinion of handwriting experts.
3. You have mentioned that the executor has died hence how can you bring the executor to depose evidence, do not over read the law and get confused.