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Author Topic: what if the witness refuses  (Read 1114 times)

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Offline rohit465

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what if the witness refuses
« on: December 21, 2014, 06:49:25 AM »
Dear sir

I wanted to know what if after 1 year of buying a property the witness and the seller refuses that he has sold the property by his will.....I bought a property and after 1 year both seller nd witness filed a case that I have done forgery and taken the property.

Help needed

Offline advkkreddy

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Re: what if the witness refuses
« Reply #1 on: December 21, 2014, 09:15:54 PM »
if the witness and seller teams up this is going to be ugly for you. wasn't there a witness from your side also?

what is the case and sections they have filed under?

but the burden of proof of forgery is on them not you, it won't be easy for them to prove
Champion in law of Torts in India

Offline rohit465

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Re: what if the witness refuses
« Reply #2 on: December 22, 2014, 01:17:37 AM »
I bought it from an old lady and one of the witnesses was his son...other witness is wth me bt now Its being difficult for me to believe anyone.

The old lady has 2 sons...now they  are telling that that property ws already divided by their father's will...nd telling court that the old lady is uneducated and the lady nd his witness son put signature because I forged them...that means I persued them by wrong means nd didnt pay the money too.

But the papers are proper...no issues with papers.
« Last Edit: December 22, 2014, 01:24:51 AM by rohit465 »

Offline rohit465

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Re: what if the witness refuses
« Reply #3 on: December 22, 2014, 01:29:29 AM »
Moreover when property was brought it ws on the name of old lady...no partition or something was done

Offline advocate-lyngdoh

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Re: what if the witness refuses
« Reply #4 on: December 22, 2014, 02:17:49 AM »
you present your facts and let the court decide. as for the son being one of the witness and he himself has filed the case.

in such a case his evidence won't stand.

the law is clear on this "One cannot be a witness in his own case"

under whose  so now everything will rest on your witness.possession is the property now.
secondly do you have proof of payment


Advocate Lyngdoh
Laitumkhrah, Shillong

Offline rohit465

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Re: what if the witness refuses
« Reply #5 on: December 22, 2014, 04:22:03 AM »
Thanx Mr. Lyngdoh and Mr. Reddy for your concern.


Bt witness hasnt filed the case....the second brother hs file the case that peoperty was non trasferrable and I got it by wrong means, and witness and his mother the old lady are supporting him.....

Basically they want the property back and they dont want to return money too...since they are telling that payment hasnot been done...but on paper every single procedure of registration has been done with proper signatures and recipts...along with entry in municipality..

 

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