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Arif Iqbal (Advocate)     28 November 2011

Forensic test

Laened members, pleae guide me how to solve the following problem;

One person who died long ago, during his lifetime, executed a certain document. Now after his death some of his legal heirs are claiming that the signature of the said person in the instrument is a forged one and not genuine.

Even though the said signature is a genuine one, is there any procedure now to ascertain the genuineness of the said signature? Unfortunately the attesing witnesses of the said document are also dead now;


Is it possible to obtain a private opinion about the genuineness of the said signature/s from the FSL, if so then what is the procedure and what would be the cost?


The matter is quite urgent, please enlighten me through it.



Learning

 8 Replies

pratik (self working)     28 November 2011

i also want to know.

also with the case law if any.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

The same can be ascertained by an Handwriting expert. The court can take assistance of an expert.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     29 November 2011

you can obtain the report from FSL report for that you have to submit the documents available with you to show the deceased signatures.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     29 November 2011

Only on the one doucment experts opinion cannot  be given.

1 Like

Kiran Kumar (Lawyer)     29 November 2011

there must be some other documents availabe from where the specimen of the signatures can be taken....it may be on some bank record or some other official document.

 

so find out the other set of such documents containing signatures and go for comparative analysis.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

:-) But when it relates to some other transaction the signature would be available on that transaction as well.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

J.Peter Rajamanickam (PRO)     29 November 2011

"Now after his death some of his legal heirs are claiming that the signature of the said person in the instrument is a forged one and not genuine."

On what basis do the legal heirs contest between a original and duplicate is a point. They might be sailing in the same boat as you. Proving a lone signature without a comparitive one is impossible.

1 Like

RAKESH PIPRODIA (ADVOCATE)     30 November 2011

Let the burden of proof pass on the heirs claiming it to be a forged one. For getting the forensic report all you need is to submit the original documents along with some other documents on which the said signatures are been done.Those documents can be taken from the bankers for instance on issuing the summons to the bankers by the respective courts.

1 Like

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