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Chindra (Job)     18 October 2024

Forgery signature

Hello dear lawyers, advocates I recently got a court notice from a person from whom i took loan. As defandant no.1 me and defamdent 2. My wife, where at that time in promissory note my name and my wife name also added as two but at that time she was not present in promissory note I have signed but my wife is not signed and she was not present at that time and also they were demanding high amount along with high intrest and they were forged my wife's signature. I consulted the lawyer he says your wife signature is forged but it won't impact the case he says because you were defendant no.1. But I need help if my wife signature is forged then why can't It won't impact. Is this promissory note valid UPDATE: I HAVE CONTACTED LAWYER HE SAYS SHE (MY WIFE) DOESN'T HAVE ANY PROPERTY, SO EVEN THEY FORGED HERE SIGNATURE IT WAS NOT VALID ,AND YOU ARE THE MAIN DEFENDANT 1, IF HER SIGNATURE IS FORGED YOU CAN BE THE PERSON. SO EVEN MY WIFE SIGNATURE WAS FORGED SHE HAVE NO RIGHTS TO FILE IN THE COURT, IF YES PLEASE LET ME KNOW IN DETAILS, IF NOT PLEASE LET ME KNOW IN DETAIL AS WELL

 

important, I'm fully confused earlier I have posted the same thing in the forum few lawyers told me if promissory note is forged then it will be not valid, but when I visit my local advocates they were telling me that it won't affect the case. I hired a lawyer as well for the case the lawyer tells me, same if your wife's signature is forged. It won't affect the case and it won't be treated as a strategic point in your case he told. Because you were the defandant 1 and she was defandant 2. Even her signature forged then you will be main person he said. Don't trust online advocates he told.....

Please my dear advocates or lawyers help out from this confused situation 

 

Is he (my lawyer) right? My wife signature forged can't help my case be strong..?



Learning

 4 Replies

Vanshika Mathur   18 October 2024

In responding to your inquiry, it is essential to clarify the legal implications of the situation you have described. You have mentioned that a promissory note was signed by you as the primary defendant (Defendant No.1) and that your wife is listed as Defendant No.2, despite her not signing the note or being present during its execution. Additionally, you believe her signature on the document has been forged, and you seek clarification on how this might impact your case.

 

A promissory note is a legally binding contract that establishes a borrower's obligation to repay a loan under certain terms. The validity of a promissory note largely depends on whether all required parties have willingly signed the agreement. In your case, although your wife did not sign the note, her name was included as a co-defendant. The fact that her signature may have been forged raises significant concerns about the validity of her involvement in the contract.

 

If it can be proven that your wife's signature was forged, this could potentially invalidate her liability under the promissory note. A forged signature means that she did not consent to the terms of the agreement, and as such, she cannot be held accountable for any obligations stemming from the note. Courts generally do not enforce agreements against individuals who have not voluntarily signed or consented to a contract.

 

Despite the forged signature, your lawyer has stated that it will not significantly affect your case because you, as the primary defendant, have signed the note. This means that you are personally responsible for repaying the loan. The promissory note remains valid as to your obligations, even if your wife’s involvement is voided due to the forgery. Essentially, your wife’s lack of property or involvement in the loan means that her exclusion from liability may not strengthen your defense, as you are still bound by the contract.

 

However, the forgery of your wife's signature could still be raised as an issue in court. While your lawyer has advised that it may not directly impact the outcome, bringing the forgery to the court's attention could highlight misconduct by the lender and potentially influence the judge's view of the creditor's credibility or methods. This, in turn, might provide you with some leverage in negotiations or court proceedings.

 

In conclusion, the forged signature of your wife does not invalidate your obligation under the promissory note, as you are the primary defendant. However, the forgery could still play a role in the case, particularly in questioning the credibility of the lender. It is advisable to continue working with your lawyer to determine the best strategy for presenting this information and handling the case moving forward.

1 Like

Real Soul.... (LEGAL)     18 October 2024

Repeated query already replied previously 

T. Kalaiselvan, Advocate (Advocate)     19 October 2024

Yest it is a repeated query, the querist may visit the original thread to know more answers.

Chindra (Job)     20 October 2024

Sir, firstly thank you all lawyers for your message 🙏, I visited near my lawyer with all your suggestions but he says the PN is written by you. No matter your wife present or not her name is mentioned and even her signature forged court won't accept such kind of statement he says 

 

I request please help me in this topic


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