Can a person use certified copy of original paper
sanjeev
(Querist) 23 December 2009
This query is : Resolved
Dear Sir/madam,
I am not satisfied with the previous answer given by the experts on this query so I am giving you all summary of my case history and wants to ask you about the usage of Certified copy of the said stamp paper after judgement:- My grandfather & His brother bought 12 beeghas land in rajasthan (1/2:1/2 share in 1960) and died after purchasing, my grandfather's brother through out from the village to my grandmother & my father. In year 2000 my father asked for our 1/2 share of land to my grandfather's brother but he played game with my father and told to take the share in the land(4 beeghas) purchased alone by him in the village. My father is one of my grandfather and my grandfather's brother has 2 son. He made an agreement (on a Rs.100 Stamp paper) with my father that all land should be in the ratio of 1/3:1/3:1/3 means 2/3 of his sons and 1/3 of my father, with this we paid them Rs. 80,000/-. But in the last year the seller of the 4 beeghas village land, got acquired his land back as the land was not registered in my grandfather's brother name. Then my father asked to my grandfather's sons(as he died) to give our 1/2 share in the old land and Rs.80,000 back. But they suit the case against us in the civil court to claim the 1/3:1/3:1/3 share in the land and denying to pay the Rs. 80,000. After 6 month convincing them they ready to take back the case and we dropped the case in the court. We taken the original Stamp paper and the judgement order in our hand. But the confusion is still in my mind that can they use the certified copy of the stamp paper for suit against us for the same purpose that is to claim 1/3:1/3:1/3 again in future. If yes then there is no meaning of dropping the case, as they have got a toy in their hand. We are not in a position to catch their shirt because our Rs. 80,000 still in their hand. they are not willing to pay back, because the villagers are with them. Please suggest me on above case history. Sanjeev Kumar
Raj Kumar Makkad
(Expert) 23 December 2009
Sanjeev! Your brothers (born out of second Dada) cannot take benefit of the certified copy of stamp paper which you referred in your quarry. Otherwise also, that stamp paper has already expired and has not been executed. You have withdrawn your suit and there might have been written some compromise while withdrawing it or not is not clear. If anything like such was mentioned therein then nothing more can be done otherwise also there is no scope to misuse the certified copy anymore. Better you show your papers to any nearest competent lawyer.
