Mother have two sons son-a and son-b She gave some agriculture land properties belongs to her to son-a with registered gift deed due to love and affection also as son-b is well settled compare to son-a. The son-a accepted the registered gift deed from his mother in mother life time and enjoying the entire property but he did not mutated the revenue records in his name.( the revenue records is in the mother name) The mother got the property from her father by the way of inheritance. In the said registered gift deed attested witnesses are son-b and other two persons, totally three witness. The gift deed executor (the mother) already died after few month of the gift deed execution. Among the three attested witness one witness also died. Son-b filed a partition suit after 2.5 years of the document date against his brother son-a as he only enjoy the entire property, son-b hide the registered gift deed document in the suit plaint. (he filed based on the succession certificate and revenue record in his mother name). The defendant son-a defended with the registered gift deed.he produced the gift deed in the court. Son-b in further reply and his witness stage stated in court as the gift deed is forgery, the mother did not executed the gift deed to his brother ( son-a), also he denied his mother signature and his witness signature in the gift deed document. From son-a (defendant) side one of the attested witness(among 3 witness) in the document called from court and the witness stated in court as the mother executed the gift deed document to son-a(defendant) and the son-b(plaintiff) also signed as witness in the gift deed document along with him, ( in his witness stated with minor discrepancies relevant to the mother age and location of staying of the mother at the time of the deed execution ) but the witness clearly stated in court the mother executed the document and with him son-b also signed in the document as witness. In this scenario the son-a(defendant) need to send his brother plaintif (son-b) attested witness signature in the gift deed for signature verification expert from court to prove the son-b signature as the son-b deny in his witness stage as the mother did not executed the gift deed and he denied his mother signature and his witness signature in the document ( the mother already died, no other signature available for the mother but for the son-b's signature available in other registered deed. note: for the deed time there is no photo affixed in the deed as photo was not required as per that time rules)? Or Not required to send the son-b(plaintiff also a witness in the deed) witness signature in the deed to signature verification expert from court by son-a to prove the document? [note : one witness accepted his witness and the deed execution but deny by plaintiff also plaintiff is a witness in the gift deed] Please provide clarification for the question in detail with respective law sections.
1) once gift deed is executed duly stamped and registered you are absolute owner of property
2) evidence of attesting witness is sufficient to prove that mother executed gift deed and was also attested by your brother
3) you can examine hand writing expert to prove that your brother signed as witness to gift deed
Any property inherited doesn’t come under the ancestral property. it is self acquired.
property was self-acquired and the Gift Deed was given out of free will and it was registered then Son A are the owner.
if one witness accepted then court maybe grant order in favour of Son A.
If one of the attesting witness testified the signature of your mother and plaintiff then it is on the discretion of court whether court send signature of your brother for verification to expert or not.
If court accepts the statement of witness of gift deed then court can dismiss the plaint of your brother. Otherwise just to be sure court can send signatures for expert advise.
For the above query scenario: 1. Son-A side need to take steps to send the Son-B witness signature in the deed for Signature/Handwriting expert opinion ? A. If need to send then as per which law and section for the given scenario this is mandatory or necessary to send? B. If no need to send the Son-B witness signature for signature/handwriting expert opinion then provide the respective law and section (based on which law section not required to send and why) ? A or B please provide clear cut answer without ambiguity in answer with clear details and law section information. Please read above detailed query also. Thanks. Please provide the clarification.
1) since B has denied that he had signed as witness to gift deed opinion of hand writing expert is necessary to prove whether B signature has been forged or not
Hi
Since the Gift Deed executed by your mother is Registered title passes to you and you become owner.
One of the witnesses gave evidence of execution, it is enough.
If need arises to take expert opinion, it is under Evidence Act under sec.45
It is court's discretion to take it or not.
Further, when one of the witnesses confirmed the execution of the Gift Deed, it is aggrieved person who has to plead and prove.
You can challenge the same before court and demand for hand writing expert. It's send as per section 45 of Indian evidence Act.
Dear Sirs/Madams, Please note, Here the question is. By Son-A ( The Defendant ) need to take steps to send through court for the handwriting/ signature verification expert for Son-B's signature in the said gift deed, Is this really required? As already one witness in court admitted as saw the deed execution also he admitted the Mother executed the document and he also signed as witness. But Son-B ( The plaintiff and one of the witness in the deed) he deny the execution and deny his mother signature and his witness signature. As already accepted the execution and admitted his signature by one witness in the court, For this scenario really mandatory to send the Son-B signature to signature/ handwriting expert for the opinion? Note : Evidence act section 45 is for send to expert opinion. In the question did not asked this information as how to send. Please nite Question Asked for the given scenario is this really required to send for signature/ handwriting expert opinion of Son-B signature? Here question is for the provided case scenario is the Son-B signature verification by signature/ handwriting expert is mandatory? . As per evidence act section 68- For registered gift deed if denied then one witness proof is enough. As per evidence act 71 (If all witness exhausted then can go for other evidence.). That means one witness denied the execution then go for other witness. If all witness denied the execution (exhausted all witness ) then go for other evidence. Then as per which law and section this is mandatory for prove the gift deed document to send for Son-B signature/ handwriting expert by Son-A, as already one witness admitted as he saw the execution and signed as witness in the gift deed ? Please find the initial question along with this and provide detailed information without ambiguity and with respective law and section details . Thanks.
1) it is advisable to send brother signature to hand writing expert
2) it is true
For registered gift deed if denied then one witness proof is enough.
Yes if he challenges the gift deed you need to prove it through witnesses from registrar office and other attesting witnesses
Firstly it is a registered document hence the evidence of attesting witnesses may also be waived due tot eh nature of the document.
However since one of the attesting witnesses have deposed evidence favoring the defendant, it may not be necessary to prove the son b's signature by referring the same to an handwriting expert's opinion.
Now the burden to disprove the registered document lies on the plaintiff hence the defendant i.e., son a need not be worried about this anymore.
In my opinion there is no necessity to send son-b's signature to handwriting expert's opinion since he has signed it before the registrar in the registered document, hence his denial will not be considered by court, however if you still want to refer then you may invoke article 45 of the Indian evidence act for this purpose.
Owing to the nature of the document i.e., a registered document, it is not necessary.
You may ask the same question in different manner of different forms but the answer is that that referring the signature of b to handwriting expert for his opinion is not mandatory as per law even though he has denied his =signature.,
The concept is that he has signed it before the an authority i.e., the registrar, hence he cannot deny his signature, if he says that he has ot signed the document then the burden to prove shall lie in his shoulder because his photo has been captured in the camera meant for this purpose kept in the registrar's office hence there is no question of impersonation, moreover the executor is no more now, hence the beneficiary has no chance to impersonate the executor or any other witnesses before the registrar.
Already one of the witnesses has deposed evidence properly in favor of son-a, there is no need to prove the signature of the son-b again.