partnership deed

Querist : Anonymous (Querist) 20 December 2010 This query is : Resolved
Dear sir,
My parents has purchased a land in 1982 after that my parents entered into a partnership with my uncle( my mothers sister husband) only partnership in bussiness

my father was paralysed in 1990 after that my uncle brought a partnership deed with all immovable properties in 50 ..50 parternership and took signnator from my father.he has done a fraud( by making all additions to the original partnership deed he has included all our properties)
My father and mother are educated

But that partnership deed is not registered

now he wants all the properties in 50 percentage

and also he says that he has no orginal partnership deed which is signatured in 1992

he has only xerox copies if the partnership deed of 1992
can he file a case with that xerox copeies

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SACHIN AGARWAL (Expert) 20 December 2010
The photocopies are not admissible in evidence.

Advocate. Arunagiri (Expert) 20 December 2010
No. It is not possible.

Parveen Kr. Aggarwal (Expert) 21 December 2010
Yes. So far the question of filing of a case with xerox copies of a document (here partnership deed) is concerned, the same can be filed and the plaintiff can get permission of the court to prove the xerox copies by way of secondary evidence under section 65 of the Indian Evidence Act, 1872.

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