Your evidence is crucial in the case
2) you should appear in court as witness
Land dispute
I (B) has purchased a land property from A. After 31 years i have sold that property to C. Now A is filing a suit in court against C stating that B has cheated me and told me that it is not a sale deed , but only a lease deed and registered the same in registrar office. As such the sale deed executed by B in favour of C is not valid. C is asking me to come to court and give witness to tell the truth. Going to the court which is 80 kns from my place is tiresome for me , as i am a super senior person Whether I have to go to court as a witness. Or not to go?
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
Dear Client,
Subpoena: If you are served with a subpoena, it is a legal order requiring you to appear in court as a witness. Ignoring a subpoena could result in legal consequences.
Relevance of Your Testimony: If your testimony is crucial to establishing the nature of the transaction between A and B (whether it was a sale deed or a lease deed), your presence in court might be necessary to provide clarity.
Alternative Options: In some cases, courts might allow testimony through written statements or video conferencing, especially considering your situation as a senior person and the distance involved. Your lawyer could explore these options on your behalf.
Medical Considerations: If your health or age makes traveling long distances a challenge, your lawyer might be able to present this as a concern to the court, requesting alternative ways for you to provide testimony.
Id they have called you then you need to go to the court as witness but they can’t force you to give evidence against your wiish
- A lease property can be sold , if there is a clause mentioned in the lease deed for giving right to sell after a particular period, otherwise it required to convert into free hold before selling the property.
- Since, you are a super senior citizen , then you may be exempted to appear before the court for giving evidence as a witness
- Hence, upon receiving the notice /summon of the court , you can inform for your inability .
You can render your evidence through video conferencing also. C can also get appointed a local commissioner from trial court to visit you and to get recorded your evidence. After 30 years no such case is maintainable. Details are required to suggest more.
You can give a power of attorney deed to someone to represent you in the court if you had received the summons and challenge the claim made by your vendor on the basis of the documentary evidences in your possession.
If you have not been impleaded as party to the suit, then you can ask the C to file a petition to summon you as a witness, after that let him request the court to appoint an advocate commissioner to record your witness at your home or arrange for virtual hearing to record your witness evidence .
First of all case is not maintainable. Have to file application for rejection of plaint.
You can tell him to arrange for your smooth transport.
Support his case.
