Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Blank paper

Querist : Anonymous (Querist) 15 June 2020 This query is : Resolved 
I had given blank stamp paper with my signature to a financier 18 year ago.i paid back loan amount reasonably.but there is dispute between us on interest.if he write big amount on said blank paper to file a case,how can I prove it as fake?Is there any scientific (forensic) remedy to prove the writing is new (ink) and signature and stamp paper is old
Raj Kumar Makkad (Expert) 15 June 2020
It shows that you had not mentioned the date on the cheque. You can prove that the cheque gets expired because since last 3 years, the electonic mode of the cheques have been introduced in all banks and all old cheque books have been got spoiled so even without getting the verification of the ink and old signature, it can easily be proved by calling the concerned personnel of your bank as a witness in the court to prove that the said cheque stands issued during a particular year and thereafter you were issued with latest cheuqe books and all those stand exhausted.

Had you obtained the receipt against your repayment of the loan amount?
Rajendra K Goyal (Expert) 15 June 2020
Giving a blank signed stamp paper is open to grave risk. It seems you have not put a date on it which again increase the graveness of the issue.

If any agreement is typed / written on the Stamp paper, its language need to be referred.

Any fruitful advice is possible after knowing on which grounds any claim is made on such a document after its completion.
Rajendra K Goyal (Expert) 15 June 2020

The situation after any claim depend on:

What is written on the Stamp paper?

What is the date of purchase of stamp paper as per stamp vender record?

On what date it was written?

What is your liability on such action of theirs?

How to prove the document as illegal?

Possibility of any criminal action against them.
Rajendra K Goyal (Expert) 15 June 2020
Discuss in detail with your lawyer and send notice that you have given blank signed stamp paper on date___ . for a particular purpose, which was not completed. When asked back, the return was declined hence this should not be used now.
P. Venu (Expert) 16 June 2020
Facts posted suggest that a blank but signed stamp paper was given, not cheque. In either case there could be no problem as stamp paper contains the date of issue and even if a cheque, it may not be electronic mode.
Dr J C Vashista (Expert) 16 June 2020
Nothing can be presumed qua intention of person holding blank signed stamp papers.
However, it is not blank signed cheques as suggested by one of the experts.
Dr J C Vashista (Expert) 16 June 2020
The financier can not use 18 years old stamp papers at this stage if the same (stamp papers) are filled and claimed any amount through these papers.
Dr J C Vashista (Expert) 16 June 2020
Even otherwise there is limitation of recovery of any amount, which shall not be admitted/ entertained for the loan stated to have been taken 18 years back.
You must be having receipt / proof of refund of loan amount, preserve it .
Raj Kumar Makkad (Expert) 16 June 2020
I lost sight of the word stamp paper and treated it as a cheque. Thanks frieinds for correcting me. As opined by expert P. Venu, it shall not affect the net result as stamp paper also consist the issuance date so none is going to belive that such old stamp paper shall be used for the current liability and if the liability is shown older than 3 years then the question of the revoery gets stopped due to law of limitation.
Sudhir Kumar, Advocate (Expert) 17 June 2020
A slightly disagree.

The person can use 18 years old stamp.

He can write a loan agreement payable after 17 years and can file civil suit now.

Off course there is scope of forensic examination of ink but it is long drawn procedure.
Rajendra K Goyal (Expert) 17 June 2020
Use of such an old stamp paper is possible but for success of claim depend on many factors.
Contents of document, whether duly stamped, witness, limitation, proof in support of cause of action etc.
Guest (Expert) 17 June 2020
There is No Dead Line for claiming the Repayment . Better your self should discuss with an Local Good Advocate and Serve the Legal Notice in detail as an pre caution.
Asgher Mahdi (Expert) 17 June 2020
Nothing to worry in the event he file the case. Better to approach a lawyer well-known to you then he will defend the case from various angles. Without having material in record in hand with the lawyer it's wrong to advise and suggestions. You have committed wrong by handing over blank paper with signature.
Rajendra K Goyal (Expert) 18 June 2020
It is better to serve him a notice for not using the said stamp paper now. A newspaper ad can be inserted.
P. Venu (Expert) 18 June 2020
The above suggestion may lead to the sleeping (or rather, the dead) issue being woken up and is tantamount to inviting trouble.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now