cpc

Forged document

This query is : Resolved 
 

Online (Querist)
16 August 2011

A notary has done a registered notary of a special power of attorney that bears the photograph of an individual and signature which does not belong to him, this document is submitted by him in the high court. On inquiring, the notary claims that he has misplaced his registers. moreover his rubber stamp does not even bear his registration number. my query is :
1) what are my rights as a third party?
2) how can i bring light on the forged document?
pls help...


M/s. Y-not legal services (Expert)
16 August 2011

Actually whats your case sir? Because in which circumstances documents produced before high court? Third party mean how you related with that document? Please clear this, and you can get well advices.

adv. rajeev ( rajoo )Online (Expert)
16 August 2011

If you are no way concerned to the case then you dont have any rights. If you are affected person then you can initiate criminal proceedings against the person who are involved.

Raj Kumar MakkadOnline (Expert)
16 August 2011

The word third party under my impression implies that the querist the forged document was produced against him. I suggest you to move an application under section 340 Cr. PC before same High Court wherein such forged document was produced. High Court shall take direct action against such Notary Public as well as person who got it prepared from him.

Certified copy of Enquiry report can be obtained from High Court and further action may be initiated thereafter.

sajoliOnline (Querist)
16 August 2011

I really appreciate your advice. Thanxx.

I am the plaintiff in the related case wherein one of the defendant is staying in another state, so the defendant has issued special power of attorney to his brother to attend court proceedings.It is noticed by us that the signature in various court proceedings is forged because we have his original signature in front of a govt official. Now the signature which is on the registered power of attorney is also forged.

i also inquired with the notary for certified copy of the same but as i said earlier the notary claims that he has misplaced his registers. moreover his rubber stamp does not even bear his registration number. my query is

hence what can i do?

M/s. Y-not legal services (Expert)
16 August 2011

Dear sajoli, untill the concern person deny his signature court will not question about it. i mean even though the signature is forged one, but the one of the defendant admit that as his own signature mean you can't arise question regard this.. Now decide your self..

prabhakar singh (Expert)
16 August 2011

"Now the signature which is on the registered power of attorney is also forged."
THIS IS A NOTICEABLE POINT OF POWER OF ATTORNEY IS REGISTERED ONE YOU CAN CHALLENGE ON ACCOUNT IF THUMB IMPRESSION ON IT WHICH WILL NEVER TALLY WITH IF IMPERSONATED AND HE WOULD NOT LIKE TO RISK THE ADMISSION OF HIS IMPERSONATED THUMB IMPRESSION WHICH IN FUTURE
CAN BE UTILIZED AS MODEL TO KEEP HIM DEFRAUDED FROM HIS PROPERTIES.

girish shringi (Expert)
16 August 2011

I am agree with prabhakar singh.
Very recently in gujarat the fraudulant notaries also had been arrested on thier part in this kind of the cases.

sajoliOnline (Querist)
16 August 2011

Thanxx a lot for all you help.

I would like to bring to your notice that there is no thumb impression on the special power of attorney.

I want to bring to the courts notice that the signatures are so different that they are visible with naked eye, i would like to add that it is not only one example but at least 5-6 different signatures of the same person on different legal documents.

ashok kumar singhOnline (Expert)
16 August 2011

place an application before the concerned Hon'ble Court stating inter alia all the facts and cause of your strong apprehension about fraud of such a nature as described by you, for obtaining expert opinion of handwriting i.e. signature. and praying for appropriate relief. consult with your Ld. Advocate who, conduct your case with all the concern and necessary papers.

sajoliOnline (Querist)
17 August 2011

Thanxx all or your concern:)



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