Promissorynote
Rohini
(Querist) 13 December 2013
This query is : Resolved
sir,
The plaintiff filed a money suit for Rs, 1,30,000/- under promissory note, the defendant filed his written statement denying the signature in promissory note, now on whom burden of proof lies to prove the genuenity of promissory note, kindly suggest me.
Devajyoti Barman
(Expert) 13 December 2013
The plaint case has to be proved by plaintiff only.
Ask for appointment of handwriting expert to prove signature.
Guest
(Expert) 13 December 2013
You could request your advocate to file a petition seeking Forensic opinion with regard to signature
MohammedRaffiq Bijapur
(Expert) 13 December 2013
Basically the plaintiff has to prove the execution of promissory note. here the defendant has denied his signature it means that his signature is forged..
Now if u satisfy the court the genuineness of signature of defendant on PN and other documents on record that's sufficient. Burden shifts on defendant to prove the signature on PN is forged.(Refer Sec 67 of Indian Evidence Act)
V R SHROFF
(Expert) 13 December 2013
Plaintiff can get PN examined thru Hand Writing Expert.
ajay sethi
(Expert) 14 December 2013
agree with experts . obtain forensic expert opinion
Guest
(Expert) 14 December 2013
Plantiff is liable to prove genuineness of his claim including signature of the other party in the PN.
T. Kalaiselvan, Advocate
(Expert) 14 December 2013
As rightly said by Mr. Mohamed Rafique, the plaintiff can prove the execution of the PN by examining the witnesses and the persons prepared the said note. The burden of disproving his signature on the PN lies on the defendant either through handwriting experts opinion (u/s 45 of Indian evidence Act) or through any other source.
Rohini
(Querist) 14 December 2013
is it not the burden on plaintiff to prove the signature of promote through expert when defendant himself denying signature as forged one on pronote, sir my question is that who has to send the document to expert opinion, whether plaintiff or defendant,burdern of proving forged signature is upon whom, either plaintiff or defendant, because the defendant has filed his specimen signature and also his pension book in which the original signature of the defendant is there. my question who has to file a petition for expert opinion
T. Kalaiselvan, Advocate
(Expert) 14 December 2013
The person who is denying his signature has to prove that it is not his signature which is shown to him, thus it becomes the responsibility of the defendant to prove that the signature on the pro-note is not his signature. I think the signature in the pension book, the specimen signature and his signature in the vakalat, if compared with that of the pronote signature and the glaring difference is found, that will suffice the issue and may not be taken to an expert for his opinion or else, it is the defendant's responsibility to prove it to be wrong through an expert's opinion.
Guest
(Expert) 15 December 2013
Many occassions court it self would direct for forensic opinion which would compare the specimens from bank, passport,etc
Dr J C Vashista
(Expert) 15 December 2013
1. The plaintiff has to send the document to expert opinion, when the defendant has questioned his (defendant's) signature.
2. I respectfully disagree with Mr. T. Kalaiselvan that the person who is denying his signature has to prove. Initially the plaintiff has to establish that the PN bears his (defendant's)signature, which is shown to him.
3. Subsequently rebuttal becomes responsibility of the defendant to prove that the signature on the pro-note is not his signature.
Rohini
(Querist) 15 December 2013
There is some landed property which is self acquired property of one Ramesh, and he is inducted into possession, The said Ramesh is having one wife and there is no issues to him, now the said Ramesh is died. The father of said Ramesh mutated the above said property in his name. After death of Ramesh whether the alone can not be treated a legal heir of late Ramesh, and whether she is not entitle get all the self acquired property of her husband, what will be the share of w wife of late Ramesh, whether the father of late ramesh also get a share in the self acquired property of late ramesh , and how the wife of late ramesh should follows the procedure to get the property of her husband . kindly suggest me.
Anirudh
(Expert) 15 December 2013
I am sorry Rohini.
Your profile says that you are a Sr. Advocate.
Either you are masquerading as a Sr. Advocate or you are really one.
The kind of questions that pose here, to say the least, does not behove of a Sr. Advocate.
In either case, in my personal view, you do not deserve any reply.
V R SHROFF
(Expert) 15 December 2013
Plaintiff HV TO APPLY, AND PAY FEE TO EXPERT [MAY COST 25K OR MORE , AS EXPERT WILL BE CHEIF EXAM+ CROSS, AND HV TO APPEAR]
V R SHROFF
(Expert) 15 December 2013
Rohini,
Will u pl clarify Anirudh's doubts?
do u practice??
Devajyoti Barman
(Expert) 15 December 2013
You better file petition for appointment of handwriting expert.
Rohini
(Querist) 15 December 2013
Sir,originally I am an individually practicing, because I am having such type of cases, hence I have send the facts of the case to get valuable opinion from your ,sir sorry if I pose any irrelevant questions.
prabhakar singh
(Expert) 15 December 2013
Technically i agre with Mr. T. Kalaiselvan, Advocate and practically with Mr.Barman because in Civil Cases burden of proof is not of a standing nature and sifts fastly from one shoulder to other shoulder.
prabhakar singh
(Expert) 15 December 2013
Technically i agre with Mr. T. Kalaiselvan, Advocate and practically with Mr.Barman because in Civil Cases burden of proof is not of a standing nature and sifts fastly from one shoulder to other shoulder.
Guest
(Expert) 15 December 2013
As Rightly said by Mr.Prabhakar singh ji in many cases where i had seen the Honorable Court itself had recommended for forensic opinion on its own
Anirudh
(Expert) 16 December 2013
Dear Rohini,
Still you are calling yourself as Sr.Advocate (as per your profile).
I still maintain that if you are a Sr.Advocate, then you would not be asking the type of questions which you are asking here!
Please confirm, are you a Sr.Advocate? If not, better correct your profile first.
Rohini
(Querist) 16 December 2013
sir, please tell me what kind questions should be asked, and what type questions should not be posed, please tell me , so I would not repeat such type of questions.
prabhakar singh
(Expert) 16 December 2013
Dear Rohini,
Mr.Anirudh doubts you to be a senior advocate just because your query is of very elementary nature which even juniors of a little standing know.
He means if you are a raw junior then correct your profile accordingly and do not write yourself to be a senior.
T. Kalaiselvan, Advocate
(Expert) 17 December 2013
@Rohini, Ramesh purchased property (or self acquired), died intestate leaving behind his wife (without any children), his father upon his son's death mutated the property on his name alone without giving any share to the wife of the deceased Ramesh, your question is whether his wife is entitled to any share?, here the father has taken away the property illegally and he has no right over it once the wife of the deceased is surviving. The wife comes under the Category of Class I legal heir of the deceased besides his children and mother, thus only in the absence of any class I legal heir, the class II legal heir i.e., his father can acquire the property. Therefore the wife of the deceased who is the lone class I legal heir (provided if the mother of the deceased is presumed to be dead), alone has full rihts over the entire property, she can issue legal notice to her father in law to claim possession by cancelling his name in the records for the property or else to approach the court of law for relief.
Sudhir Kumar, Advocate
(Expert) 13 April 2014
repeated
http://www.lawyersclubindia.com/experts/money-suit-440611.asp#.U0oIaqI1g48
ajay sethi
(Expert) 13 April 2014
query is resolved
