Witnesses To Sale Deed/Will Need Not Necessarily Know Its Contents

The Supreme Court has observed that the witnesses to documents such as Sale Deeds and Wills need not necessarily know what is contained in them.

The said observations were recorded in the matter of Hemkunwar Bai vs. Sumer Singh and Ors. (Civil Appeal 8827/2011), decided on 25.09.2019

Challenge

The short question that arose in the instant appeal was whether the witnesses to sale deed/ Will are bound to know the contents of the same.

The Plaintiff had filed the initial suit for declaration and cancellation of two sale deeds and a Will being sham and fraudulent documents. She claimed to be in possession of the property and prayed for a declaration that she be declared to be the owner in possession of the suit property and also prayed that the respondents be injuncted from interfering in her possession. The defendants contested the suit and their entire defence was based on the sale deeds and the Will being validly executed documents.

Held

It was held that the witnesses to execution of such documents do not necessarily have to know the contents of the said documents. Moreover, it was noted that one of the witnesses had clearly stated that at the time of registration of the sale-deeds and the Will, the sub-Registrar concerned had read over the contents of the said documents to the executor as she was an illiterate woman and the witnesses were also aware of the gist of the documents.