How it can be proved?
Querist :
Anonymous
(Querist) 29 June 2010
This query is : Resolved
Respected Experts,
Plz. clarify the doubt.
A and B are cousins. A has received an amount of Rs.40 lakhs from B. But “B” has created a forged Agreement of Sale for the landed property of “A” which worth’s Rs.2 Crores. B has filed a suit for Specific performance against A. But A has neither executed any document nor signed on any of the documents. In the said suit, A is defending that the document is a concocted document and the signatures are forged one. And also A has made a complaint against B about the document.
In this case,
(1) how A can prove that the document is a created document and the signatures are forged.
(2) How A could success in the said criminal case.
Devajyoti Barman
(Expert) 29 June 2010
The appointment of a hand writing expert is sufficient to keep the dispute at rest. You are advised to apply before the court for framing of preliminary issue as to whether the document is genuine or not as if the court so frames then the proceeding would be expedited. Moreover if it is decreed earlier then you would benefit for the criminal case as the decision of the civil court on the same issue is binding on the criminal court.
