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Can anybody reply on this??

Renuka (Service) (59 Points)

24 December 2008

Antony executed a deed of gift in favour of Binny. Antony denies the execution as well as his signatures on the gift deed. All the attesting witnesses of the gift deed have died. How will you prove the gift deed?

I am CS - Inter Student, this question is based on Transfer of Property Act, and i didn't understand what i have to write in this. (This is a Case Study, in which i have to mention the Section which comes under the Act).

waiting for your reply soon?????

Thanks in advance.

renuka

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5 Replies

dhiraj moryani (practise) (47 Points)
Replied 24 December 2008

when antony not even signed the deed....the deed has no valididy without the signature of the donour in the gift deed

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Renuka (Service) (59 Points)
Replied 24 December 2008

Thanks Dear!
U right but i have to mention the Section can u reply on this. bcz without writing the section i didn't get marks.

waiting for ur reply soon.

thanks n regards,

renuka

CS Arpita Rajpurohit (Company Secretary) (1111 Points)
Replied 24 December 2008

i think the case has been misunderstood............

it says tht anthony has executed the gift deed....on a later stage he denies the execution & his signature.

so gift deed is a valid one......even though none of the witness r alive.but still at the time of execution..it was witnessed by some one.

i may not b correct.........senior members are requested to enlighten.......

Rajesh Kumar (Advocate- Tax) (7806 Points)
Replied 30 December 2008

The question is "how will you prove". The act pf proving a document has nothing to do with Transfer of Property Act, but it relates to Indian Evidence Act.

Anything can be proved in hree ways- oral evidence, documentary evidence, expert evidence. In this case the receiver of gift will give his oral evidence as how gift was made, why gift was made, when the deed was execued, who all were present there, who were witnesses, did he get possession after deed, whether the deed was registered etc. He may bring other witnesses to state the relevant things.

Then he can prove by documents like letters etc. may have been written after or before execution referring to gift etc., other documents realted to his possession of property etc.

Expert evidence may be presented to give exper opinion on the signature of the executor, witnesses etc. Even if the witnesses has died, there signature may be available in various documents like bank, registrar etc.

umaa's legal clinic (simple solutions for complex legal issues) (165 Points)
Replied 30 December 2008

According to your statement the gift deed had already been executed. That means a gift does not get executed or completed unless the person to whom it has been gifted. As per your statement the deed or gift has already accepted by the person to whom it was gifted. A gift deed does not have any value by mere signing of the document by the first person.

The proof will be the expert evidence. This would be required if you fail to make the first person by cross examination to accept that he has signed the document.