Signature verification

Querist : Anonymous (Querist) 01 December 2017 This query is : Resolved
my uncle & my father purchased a property jointly each paying half the price , but property was registerd in the name of my uncle.
my uncle gave power of attorney for half portion of the property & also signed a document shoewing that he has received half price of property from my father. on the basis of power of attorney my father sold the half portion of property to my mother & same was registered in my mother's name.
now my uncle hs put up a civil suit saying that he had not given any such power of attorney & signature on power of attorney & receipt are not his signature.
please advice me whether i can get his signature checked/ verified . my father is no more & power of attorney is of year 1976.

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P. Venu (Expert) 02 December 2017
Signature certainly could be verified. However, since your uncle has filed the case, it is for him to lead the evidence to prove the averments in his pleadings. Moreover, you have not posted the complete facts esp., as to how the alleged PoA had been executed.

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Querist : Anonymous (Querist) 02 December 2017
Alleged POA was executed in court , both the witness are no more . My uncle is alleging that we have forged the documents.

P. Venu (Expert) 03 December 2017
As already stated, the burden of proof lies with your father. It is not understood how the PoA has been executed in the Court. If it is so, the provisions of Evidence Act 114 would be quite relevant:

114 Court may presume the existence of certain facts. —The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. Illustrations The Court may presume—
(a) That a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession;
(b) That an accomplice is unworthy of credit, unless he is corroborated in material particulars;
(c) That a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration;
(d) That a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or state of things usually cease to exist, is still in existence;
(e) That judicial and official acts have been regularly performed;
(f) That the common course of business has been followed in particular cases;
(g) That evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it;
(h) That if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him;
(i) That when a document creating an obligation is in the hands of the obligor, the obligation has been discharged.

Guest (Expert) 03 December 2017
Any POA would be legally invalid once the power holder or the executor of power demises.

Guest (Expert) 03 December 2017
Any Un Registered Document is also legally invalid.

Guest (Expert) 03 December 2017
Discuss with Local Good Advocate with all evidences

Guest (Expert) 03 December 2017
As per Limitations Act the period of time limit for suits related to property is 12 years and if the Registration to your mother was done before that your case is strong and good case.