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Chindra (Job)     03 September 2024

Forged signature

Hello dear lawyers, advocates I recently got a court notice from a person from whom i took loan. As defandant no.1 me and defamdent 2. My wife, where at that time in promissory note my name and my wife name also added as two but at that time she was not present in promissory note I have signed but my wife is not signed and she was not present at that time and also they were demanding high amount along with high intrest and they were forged my wife's signature. I consulted the lawyer he says your wife signature is forged but it won't impact the case he says because you were defendant no.1. But I need help if my wife signature is forged then why can't It won't impact. Is this promissory note valid

UPDATE: I HAVE CONTACTED LAWYER HE SAYS SHE (MY WIFE) DOESN'T HAVE ANY PROPERTY, SO EVEN THEY FORGED HERE SIGNATURE IT WAS NOT VALID ,AND YOU ARE THE MAIN DEFENDANT 1, IF HER SIGNATURE IS FORGED YOU CAN BE THE PERSON.

 

SO EVEN MY WIFE SIGNATURE WAS FORGED SHE HAVE NO RIGHTS TO  FILE IN THE COURT, IF YES PLEASE LET ME KNOW IN DETAILS, IF NOT PLEASE LET ME KNOW IN DETAIL AS WELL



Learning

 4 Replies

Real Soul.... (LEGAL)     03 September 2024

The promissory note signed by you is valid ebdiance against you for borrowing money. The forged signature of your wife cannot effect the loan case though you can file for criminal complaint on her behalf and to the extent she disputed her signatures the PN will be not be used until proven to be forged against her only

 

This is though repeated query

Shashi Dhara   03 September 2024

You and Your wife can press for experts opinion on signature.

P. Venu (Advocate)     03 September 2024

To my understanding, such a forged document, if proved so, cannot be marked and exhibited. You can plead these aspects in the Written Statement.

T. Kalaiselvan, Advocate (Advocate)     03 September 2024

You can object the document namely the Promissory Note and can send it to the hand writing expert's opinion to establish the fact of forgery through court by filing a petition under section 45 of Indian Evidence Act.

Once it is ascertained then you can proceed further as per law.


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