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Varun   25 November 2016

Signature forgery

a party has forged an agreement, done my forge signature and claiming abt 50 lakhs from me by filing a suit,

the party claims to rely only on photo copy of the agreement and claims to have given the original to us,this agreement pertains of the year 2011,the nototry of the agreement has died in the year 2012,

my beleif is that he has done all this after his death, Wife of the notory is not cooperating to share the copy of the register,

the party claims that the original is not tracable,

we have taken a report from the handwriting expert(private) and submitting it in the court for directions to take appropratie proceedings,

my question is that "is mere xerox copy is sufficient for him to claim"

 



Learning

 5 Replies

Kumar Doab (FIN)     25 November 2016

Usually the original is with lender.

The two statements posted by you are contradictory:

"the party claims to rely only on photo copy of the agreement and claims to have given the original to us

.......................................the party claims that the original is not tracable,"

 

Photocopy is secondary evidence.

If the handwriting expert has opined signture are forged then court shall take a note of it.

Court can ask to produce the register of notary.

What is the opinion of your own counsel?

 

 



 

 

 

 

Varun   25 November 2016

the photo copy is relied on and two original is claimed to have been done,

one which was given to us and other one submitted to customs for the clearing of the cosignment,

the one submitted to customs is not tracable,

court can ask for the photo copy but the person is dead and his wife is also very old and will not be able to cooperate,

i have a feeling that the wife of the nototry has also shifted to a new address and would be difficult to verify

Kumar Doab (FIN)     25 November 2016

The onus is on him to prove.

Court shall decide on merits.

If the handwriting expert has opined signture are forged then court shall take a note of it.

What is the opinion of your own counsel?

 

Laxmi Kant Joshi (Advocate )     25 November 2016

You can file an application u/s 91 crpc and request the court to give direction to the wife of the notory to produce the register before the court.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     30 November 2016

The document has not been properly proved in accordance with law.  You will get the benefit.


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