In property dispute suits, a variety of evidence is admissible, including documents like title deeds, sale agreements, and tax receipts, as well as witness testimonies, photographs, and potentially even electronic records. The court will assess the relevance and reliability of each piece of evidence to determine its admissibility.
Types of Evidence Admissible in Property Disputes:
Documentary Evidence:
This includes original title deeds, sale agreements, partition deeds, wills, and any other documents that prove ownership, transfer of rights, or previous transactions related to the property.
Oral Evidence:
Witness testimonies, including statements about the property, its history, or any relevant interactions with the parties involved, are admissible. This can include eyewitness accounts or expert opinions on property-related matters.
Physical Evidence:
Items like photographs, videos, or other tangible objects that can help establish facts in the dispute, such as the condition of the property or boundaries, can be admitted as evidence.
Electronic Evidence:
Emails, digital contracts, or other electronic records relevant to the property dispute can be admissible, provided they meet certain criteria and can be authenticated.
Public Records:
Official records related to the property, such as land registry documents, property tax records, or court records, are generally admissible as evidence.
Expert Testimony:
An expert witness can provide their professional opinion on matters related to the property, such as valuation, construction, or boundary disputes, if their expertise is relevant to the case.
Affidavits:
Sworn statements made under oath can be used as evidence, especially in cases where witness testimony is not readily available.
Important Considerations:
Relevance:
The evidence must be relevant to the facts in issue in the dispute.
Reliability:
The court will assess the credibility and trustworthiness of the evidence before admitting it.
Authenticity:
Documents must be proven to be authentic before they can be admitted as evidence.
Adherence to Legal Procedures:
There may be specific legal procedures or requirements for certain types of evidence, such as electronic records or documents requiring registration.
Judge's Discretion:
Ultimately, the judge has the authority to determine whether evidence is admissible or not.
In a property dispute suit, the following types of evidence are admissible:
1. Registered documents such as sale deeds, title deeds, gift deeds, and wills
2. Revenue records including khasra, khatauni, and land revenue extracts
3. Proof of possession like electricity bills, water bills, and property tax receipts
4. Survey maps or site plans issued by government authorities
5. Oral testimony from witnesses familiar with the property
6. Photographs or videos showing physical possession or property boundaries
7. Certified copies of previous court judgments involving the property
8. Mutation records showing changes in ownership in revenue records
Please login to submit an answer.