Signature denial
Pawan Kumar
(Querist) 24 January 2016
This query is : Resolved
Dear Experts, Mr. A i.e seller entered in a agreement to sale of property and gave bayana receipt to B i.e. purchaser in presence of Mr. C i.e. witness. All three have signatures on that receipt. Later A denied it and B i.e. purchaser filed suit for specific performance. In proceedings A denied that signature on receipt was not his, while Mr. B & Mr. C verified A's signature in theirs affidavit. Now question is whether B i.e. purchaser has discharged his onus and it has shifted to Mr. A to prove it that it was not his signature.
Guest
(Expert) 24 January 2016
Please clarify the following points:
1) What is your own position with reference to A, B, and C?
2) Whether the seller 'A' has denied his signature before the judge dduring trial proceedings?
3) If you are the purchaser, i.e., 'B' and filed a suit, what is the opinion of your own lawyer?
P. Venu
(Expert) 25 January 2016
Please state the real problem.
Rajendra K Goyal
(Expert) 25 January 2016
Please reply the questions from expert PS Dhingra ji.
Adv. Yogen Kakade
(Expert) 25 January 2016
Don't just post the query and ignore.. there are experts giving their valuable time for you.. post the answers asked by the experts.
Pawan Kumar
(Querist) 25 January 2016
Dear Sir,
In this query
1. I am purchaser
2. Seller has denied his signature in proceedings.
3. As per our lawyer onus has been discharged by us and it has shifted on seller.
rajagopal.s
(Expert) 25 January 2016
Hi
In a trial suit, the onus keeps moving from one side to another.
Hopefully in your case, you have submitted evidences to state that the signature belongs to the seller. Evidences can be signatures of the seller in his bank, witnesses etc. I know of a case where a seller denied his signature in the content of the mail, but in his Written statement and Affidavit, his signature matched exactly the same as in contested document and the suit was summarily settled in favour of buyer. so from your point, once the signature is denied, you should provide for evidences to prove his signature, date, time and place where the document was signed etc.
Guest
(Expert) 25 January 2016
Your lawyer is wrong. Being a prosecutor, the onus lies on you to prove the genuineness of the signature of the party to the agreement and the prospective seller.
T. Kalaiselvan, Advocate
(Expert) 30 January 2016
Since you have proved that the seller has put his signature in the presence of witnesses I think this may be sufficient, well wait and watch the developments.
V R SHROFF
(Expert) 30 January 2016
APPOINT SIGNATURE VERIFY: HAND WRITTING EXPERT .
IF BAYANA BY CHEQUE, FAR BETTER, OTHERWISE PROVE PAYMENT.
K.S.Srinivas
(Expert) 04 February 2016
Your advocate has to request for referring the case to the hand writing exert for verification.
