This issue is with regards to a Partition suit filed by me in Goa where it is known as Inventory Proceedings which is governed by the Uniform Civil Code based largely on Portuguese Law.
As per law, my mother had 1/6 share in her parents property and hence after the death of my grandparents and my mother, I initiated the Inventory Proceedings which was accepted by the court.
One of the brothers of my mother has given a statement on oath (affidavit) that I do not possess any right in the property by virtue of my mother (his sister) signing a relinquishment deed in his favor.
He submitted a photocopy of this so called affidavit and said on oath that the original has been lost. Also of note, his so called photocopy is not only undated, not notarized, unwitnessed but also not registered with the registrar as per the Inventory Proceedings Act.
He prayed that this photocopy be considered as a secondary evidence.
I immediately filed a reply stating that the document is fake and fabricated and court is being mislead to deny my due right.
After 6 months, this same person informed the court on oath that he has now found the original of the same deed however it has been eaten by white ants. He submitted a torn original to the court.
Once again i informed the court that is a fake and fabricated document.
Now, After observing the photocopy and the remains of the original i have observed that there are 2 words which differ in position on the document. Also, any person with little common sense and knowledge can say that the signatures do not match.
The argument is yet to take place.
Is it not a fit case to file an application under 340 for false evidence on oath???
Should I wait until the judge decides on whether to accept this document as evidence?
Can anyone guide me of a similar case where the photocopy of a document submitted has not matched with the original submitted by the same person???
Expecting some kind advice !
