payment to illiterate

Querist : Anonymous (Querist) 22 March 2010 This query is : Resolved
How can i prove payment made to an illiterate person. I have his thumb impresssion on payment voucher. But he is saying that while making impression he didn't what was written on that.

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mahendrakumar (Expert) 23 March 2010
was the payment voucher,in english or in his mother tongue?

n.k.sarin (Expert) 23 March 2010
you have heavy burden to prove that you have made payment. you can prove it by two witness before whom you made payment.

Querist : Anonymous (Querist) 23 March 2010
voucher is in hindi. his mother tounge. would my other employees will be allowed as witness

B K Raghavendra Rao (Expert) 23 March 2010
Yes your employees could be taken as witnesses. Even otherwise, the court be asked to send the thumb impression for verification wherein a fresh thumb impression of the person would be taken and compared with the one on voucher which would be verified by the Forensic Science Laboratory accurately.

Parveen Kr. Aggarwal (Expert) 23 March 2010
He cannot deny the receipt of payment. He must explain in what circumstances, he put his thumb impression. Law presumes that a persons who has signed or thumb marked a document must have done so after understanding its contents. So, if thumb impression has been admitted by him, the burden lies on him to prove that he did receive the payment.

Your other employees are the best witnesses to the transaction. They would certainly be allowed as witnesses and would be of great help in proving your contention.

Parthasarathi Loganathan (Expert) 23 March 2010
Payment to any illiterates is recognized by Thumb Impression on the Receipt voucher duly witnessed with express undertaking to the fact that the contents of the transaction have been duly explained in vernacular language. This is even admissible for bank related transactions

Kumar Thadhani (Expert) 24 March 2010
At the timeof payments and taking the thumb-impression on the vouchers taking the witness in confidence and explaining to him the contents of the payments in any vernacular language best known to him.

mahendrakumar (Expert) 24 March 2010
Usually,when,thumb impression are taken or the person signs in vernacular,it is better to do so under a statement the "matters were explained to me in vernacular (in your case in Hindi). a witness will be an added proof.

any major person of sound mind can be a witness

Querist : Anonymous (Querist) 24 March 2010
Thaks To ALL of YOU

G. ARAVINTHAN (Expert) 27 March 2010
examination of witness necessary

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