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Vincent Jeyakumar   10 September 2016

Forgery of documents

A xerox copy of sale deed presented. Copy of document is not available with Registration Dept. There are differences in denomination of stamp paper, treasury seal of date of issue, names of persons to whom stamps papers were issued etc. a) Whether one can charge with foregery in the absence of original to compare? b) Whether an expert / document writer / official from Treasury / Registration department can be asked to witness? c) Any other ways to prove the document is forgery one in the absence of original.


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 10 Replies

G.L.N. Prasad (Retired employee.)     10 September 2016

A xerox copy can not be admitted as valid documentary evidence under Indian Evidence Act, and no Court accepts such document.

Only certified copies are admitted as valid documents in court of law.

If any litigants wants to deceive with fake/forged documents, it can be treated as playing fraud on Court, and a petition can be filed before the court seeking such certified copy at any time.  When the court orders, the litigant has to produce the certified copy and then only it can be decided whether it is fake or original by the Court.  When the court orders, no litigant dares to produce fake / forged document and at that point objections can be raised.

Saptarshi Paul (Advocate)     10 September 2016

Make RTI application regarding the documents to the concerned registration dept.

Kumar Doab (FIN)     10 September 2016

Why the copies are not available with registering authority office?

Pursue RTI route.

The documents might have been noted and updated at various links Reconstruction might be possible.

 

Local counsel specializing in revenue,property,civil matters can guide you further.

 

 

 

G.L.N. Prasad (Retired employee.)     10 September 2016

When a Public Authority was already having a practice of providing information / documents through an established practice / act for some fees prior to enactment of RTI Act, a citizen has to follow the laid down procedure for securing documents through that procedure alone.

RTI is not the proper remedy.  If that xerox copy is having doc.No...Registration date particulars, then only you can seek certified copy from the concerned register office.

All these comes into picture, only when the court admits that document and it's contents.  A litigant can demand for production of original or certified copy by the person who claims the contents of documents as his version.

Kumar Doab (FIN)     10 September 2016

Is it not possible to ask for certified copies per due procedure!

G.L.N. Prasad (Retired employee.)     10 September 2016

When the documents are forged and the very execution of such documents are doubtful, how one can seek certified copies ?

(If xerox copy is having such registration stamp it is easy)

Kumar Doab (FIN)     10 September 2016

Mr. Prasad my last post was for querist.

 

Kumar Doab (FIN)     10 September 2016

The report from authority, may answer that the said document does not exist.

Kumar Doab (FIN)     10 September 2016

Regret Mr. Prasad, due to bad internet connection, could not post full.

 

I want to clarify that I wanted to post for the querist.

 

Thankful for your guiding, posts in the thread.

 

Sudhir Kumar, Advocate (Advocate)     12 September 2016

How are you connected to the matter

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