Dear Sirs/Madams, Please Provide clarification for query parts without any ambiguity. --------------------------------------------------------------------------------- PART 1: As per evidence act section 68: 68. Proof of execution of document required by law to be attested.—If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: 1[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.] Question 1.A: As per this section for a registered gift deed: if deny by executor only need to call a attesting witness to prove the execution Question 1.B: OR other than executor for example after 2 years of registered gift deed execution the executor died. The executor did not deny or dispute the deed in his life time but after four years of the executor death the executor wife deny the gift deed execution then as per this section for the registered gift deed also if executor wife only denied not denied by executor then also need to call a attesting witness to prove the deed execution? Question 1.C: For more clarity : In this section "specifically denied" for a registered gift deed referring by whom denied? Denied by executor only OR after few years of executor death then his wife denial also? ================================================================== PART2: ( Take this separately, pls do not mingle with part 1 ) . A registered gift deed executor died after 2 years, In his life time he did not denied or dispute the gift deed. After five years of death of the executor then the gift deed executor's wife file suit and deny the gift deed execution, She is also one of the attesting witness in the gift deed. She deny execution and deny her attestation witness also. Query 2. A. For this scenario Better to call another one attested witness to prove the gift deed execution? OR better to send the wife attested witness signature for signature verification expert to prove? Among this two option which one is better option? Which one is more powerful to prove the execution? Please provide clear clarification. THANKS.
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1) unless the execution of a Gift Deed is specifically denied, it is not mandatory to specifically lead the evidence of an attesting witness under Section 68 of the Indian Evidence Act to prove the Gift Deed.
2)if donor wife denied execution not necessary to examine one attesting witness
3) section refers to executor only
4) it is better to examine another attesting witness
5) you must produce original gift deed in court and it should be marked as an exhibit
You need to prove it with attesting witness, if registered with the sub registrar or other independent witness if any
1A. You are right, if the executor denies the execution then the attesting witness may be summoned
1.B. The wife of the executor is not the executor hence her denial of the document in the absence of any protest or objection by the executor may not be valid, the burden may shift on her to disprove the execuion through her own sources.
1C. Go through the section properly instead of getting confused by reading it in a hurry or without understanding the concept.
Part II:
She can deny her signature as an testator, she cannot deny the execution of the document executed by a different person, if at all she is having a dispute over the registered document she may have to file a suit for cancellation for the reasons she rely upon and the burden shall be on her to disprove the execution of the document.
If there is another witness attesting the document available to depose evidence, yo may summon him/her for this purpose and finally the registrar also may be summoned to deposing evidence to prove the genuineness of the document
it is not mandatory to specifically lead the evidence of an attesting witness under Section 68 of the Indian Evidence Act to prove the Gift Deed.
Thank you T Kalaiselvan sir and Thank you Ajay Sethi sir for your detailed clarification. ------------------------------------------------------------------------------------------------------------------ Mohammed Mujeeb Sir and Prashant Nayak Sir : Please see the request fully part1 and part 2 queries separately and provide the clarification clearly ,specifically and separately. Your answer further creating more confusion only.Please read the query part fully and please provide your clarification answer for each point separately, then it will be useful. ------------------------------------------------------------------------------------------------------------------ Usually many expert will answer for question post in kaanoon but for this question clarification only got from four, among four 2 is in detail and other 2 is provided very short info without considering the query entire part. Other expert can you please provide clarification with your view answer. --------------------------------------------------------------------------------------------------------- For part 1: As per evidence act section 68 for registered gift deed the deed executor died after two year , he did not raise any dispute or case against his execution but after his death after five years his wife file case and deny the execution of the gift deed for this case also as per section 68 need to call a attesting witness to prove the gift deed or As executor is not denied then no need call a attesting witness to prove the said registered gift deed document ? Thanks. ------------------------------------------------------------------------------------------------------------------------------------------
Thanks for your appreciation
it is not necessary to call attesting witness to prove gift deed as executor of gift deed has not denied execution of gift deed
1. Yes if executor deny execution of gift deed the witness can give evidence that deed was executed in his presence with own will of executor.
2. If gift deed is registered then it cannot be challenged until some fraud can be proved by relative of executor.
3. The denial should be by executor of the documents.
4. You can send the signatures for expert analysis and you can also call another attesting witness of the deed in your favour.
You can seek specific performance under specific relief Act
Registered deed, presumption of it`s validity. No need to prove. Denial of wife has no stand. Frustrated claim also barred by limitation.
Property delivered in donor life time, gift complete. Wife allegations are futile.
Don`t call any one. Onus on wife to prove gift deed invalid. No witness required to call.
Don`t get confuse to adopt procedure u/s 68, - Possession delivered in donor life (gift complete) and deed is registered - presumption of validity.
