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Manjunath   27 August 2019

Original copy vs xerox copy

-A took loan from B.

-B made loan agreement and its xerox.

-B has xerox copy containing his signature and A's signature in pen.

-A has original loan agreement but it is not signed by him.

-Can B legally enforce the loan agreement in court of law even though it is a Xerox copy?



Learning

 4 Replies

Javed Ansari (Senior Partner)     27 August 2019

B can lead it as secondary evidence

Advocate Bhartesh goyal (advocate)     27 August 2019

If zerox copy of agreement contains original signatures of parties than it will be treated as original.

G.L.N. Prasad (Retired employee.)     27 August 2019

Agreements can also be oral and it depends on other circumstantial evidence and defense of the opponent in addition to documents available, and reasons for not having those original documents.

P. Venu (Advocate)     27 August 2019

If A admits his signature or if the document is otherwise proved, the transaction could be legally enforced.

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