Khushi Bajpai
Published on: July 22, 2022 at 18:04 IST
The Punjab and Haryana High Court has made it clear that there is no requirement for a sale deed to be attested by two “attesting witnesses” in a landmark decision that could revolutionize how ownership issues are decided.
In addition, Justice Anil Kshetarpal made it apparent that only a small number of documents needed to be attested by the “attesting witnesses”. These records mostly consisted of a Will, a mortgage deed, and a gift deed.
Justice Kshetarpal further declared that, it was not necessary to enter the original selling deed in the court file. It was sufficient for a party to present the original for the court’s consideration. The court might review it, give it back, and keep a copy for records’ sake.
Justice Kshetarpal said, “The courts have developed a faulty habit of adjourning the case for cross-examination, which not only wastes valuable court time but also inconveniences the parties and the witnesses.
The decision was made in a case where a lawsuit had initially been brought to get an order of declaration stating that the plaintiff and certain other parties were the owners in possession of a parcel of land based on a sale deed that had been registered in January 1980.
After the lawsuit was dismissed on the grounds that the plaintiff failed to prove the sale deed was in his favour.The issue was brought to this Court attention through the filing of a routine second appeal.
The “courts below,” according to Justice Kshetarpal, erred when they noted that the original selling deed was not presented as evidence. The plaintiff claimed to have brought the authentic selling deed. The defence attorney for the defendants had not objected to the original sale deed being kept on the case file or asked the court to do so.