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forged signature

(Querist) 01 July 2008 This query is : Resolved 
QA couple with 2 kids was given my ownership appartment on 11m Oral lease-expired in 07.leasee turned out to be habitual defaulter. male commited suicide just few days before agreed period. widow cried for non-eviction agreed on moral grounds. Now i have received a Xerox of Affedavit from nationalised bank where in the widow/leasee has FORGED my SIGNATURE to Aveil a Loan from Priminister's scheme for self-unemployed.Also in it she has claimed that i have given my appmnt on lease for 5yrs for commercial[beauty parlore]activities ;which is totaly wrong.she continued to be Defaulter Q. Iwant to file a complaint/suit for forgery. i want to know whether the Onus of proving the act of forgery lies with me or with offending party?how do i move in such case?Qhow to go about for repossession/eviction in absence of written agrmnt/
amit gupta_lawyer (Expert) 01 July 2008
well certainly u can initiate the case of forgery aginst the women by first taking the help of handwriting expert and filling the report of forged signature. for all these contact a good lawyer he will guide u properly if the matter is in delhi then u can contact me if u want,
amitgupta_lawyer@indiatimes.com
KamalNayanSaxena (Expert) 01 July 2008
You may file a suit for eviction under rent control Act of your state incorporatig genuine grounds for eviction. Written agreement is not required for eviction suit. For this purpose you have to engage a lawyer.

You must inform the bank about the forged affidavit.
AJIT KAWATKAR (Querist) 02 July 2008
hon Advo Gupta; the case pertains in maharashtra. please kind enough to answer my Q. to prove eorgery to whome onouse lies? on petitioner or forger?
deepak kumar (Expert) 02 July 2008
the onus to prove the forgery will be of the prosecution. The criminal cass are offence against the state hence once you lodge the case with police the state of Maharastra will prosecute for you. If the police finds your allegations to be true then chargesheet will be filed and it is only during the trial the matter of proving forgery will arise.
arunprakaash.m. (Expert) 02 July 2008
You can file criminal complaint for the act of forgery and fraud committed on you. It is for the prosecution to prove the case. don't worry.
H. S. Thukral (Expert) 04 July 2008
The problem is to be viewed from two angles. If you file a criminal complaint the onus of proving the forgery shall be on you/prosecution/complainant. However if a party affirms a right on the basis of a document which is denied by the other the onus will be on the party who affirms it.


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