Photocopy validity in filling criminal charges
Simran
(Querist) 15 June 2014
This query is : Resolved
Hello Ma'am/ Sir,
I have a family dispute case going on in the court in which the judge is convinced with our part that my uncle has used a fake will of my grandfather to register my grandfather's property in his name after my grandfather's death.
We have submitted a photocopy of will in the court which we got from registrar office which was submitted by my uncle while selling off my ancestral property.
But judge wants a citation which says that a photocopy document is valid and acceptable in filling criminal charges under section 467 and 468.
Please help me and tell me a citation which supports the same.
i would be really thankful.
ajay sethi
(Expert) 15 June 2014
you can obtain certified copy of said will from registrar office . for citations visit indian kanoon.com
Devajyoti Barman
(Expert) 15 June 2014
Yes, why photocopy when certified copy is available from registration office.
Photocopy can be proved as secondary evidence. Ask your lawyer to do so.
Advocate. Arunagiri
(Expert) 15 June 2014
You can demand the party to produce the original WILL. You can obtain the certified copy if it is available in the registrar office.
Your uncle has to prove that he is having a will in his name by producing the same.
Advocate Bhartesh goyal
(Expert) 15 June 2014
Yes get certified copy of will from sub registrar office and submit the same in court.
Dr J C Vashista
(Expert) 16 June 2014
It is the only certified and not photocopy can be exhibited in evidence hence obtain it from SR and produce.
If SR denies or reluctant to provide either request the Court to summon records of SR or issue notice u/o XII Rule 8 CPC.
Raj Kumar Makkad
(Expert) 17 June 2014
Certified copy is duly admissible and there are plenty of judgments in support of such contension.
Simran
(Querist) 17 June 2014
Thank you all for so much help and opinions.
Basically the case/citation which I want particularly,
A case in which judges have excepted photocopy evidences and therefore have put charges under section 468 and 467 of IPC.
I have been trying to find the same from quite a long time but unable to do so.
Therefore I request all to please help me it can really help my family.
T. Kalaiselvan, Advocate
(Expert) 18 June 2014
Though the judge has accepted the photo copy of the Will,since he is asking for a citation, instead of looking for it, you may obtain a certified copy of the Will, which will solve the entire issue, consult your lawyer.
V R SHROFF
(Expert) 11 July 2014
is academic Query by students??
ajay sethi
(Expert) 11 July 2014
you have to do your own research