Gurdip Singh (Accountant) 09 February 2014

Denying signature and writing on oath

In the course of evidence in court in case of will,
the person completely denies three handwritten letters written by him. Those letters would shake the foundation of his argument that our parents were with me when the will was written - so he denies his own letters - one of these being a postcard with visible stamp. My lawyer says not to bother about it but I feel there must be some way in which rules regarding lying on oath, perjury etc must apply to him.

What can I do to convince the court that this is, in fact his handwriting ....

Thanks,

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8 Replies

Srinivas (Director) 09 February 2014

Get the letters admitted. Burden of proof is on defendant to show letter is not written by him.

Documentary evidence is stronger than oral evidence. You can ask defedant to submit handwriting samples and have them verified by court.

This type of perjury is normal (unfortunately) in our system. The system is weak and litigants resort to such tactics. Good luck.

Advocate Bhartesh goyal (advocate) 10 February 2014

File application u/sec 45 of Evidence Act in court and seek permission to get examine/verification of writings/signatures on letters by handwriting expert.

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Gurdip Singh (Accountant) 10 February 2014

Thank you for your quick response ... the letters have been admitted as exhibits ... but my question is whether I should file application under sec 45 to get his signatures verified or should I leave it to the wisdom of the court to see the obvious lie as he has admitted that he was in the area from where the post card has been sent. My lawyer feels the judge will take a view and we should not do anything to delay but I feel filing application under sec 45 can force the judge's hand even if he is inclined to take an indifferent and casual view about the lie.

Gurdip Singh (Accountant) 10 February 2014

Thank you for your prompt reply. The letters are admitted as exhibits already. Question is whether I should push for sec 45 or let the judge take a call on this...

T. Kalaiselvan, Advocate (Advocate) 10 February 2014

Once the letters purported to be used as evidence has been admitted and marked as exhibits, mere denial of signature may not be accepted but the contents and authenticity of the letter have to be strongly argued by your lawyer in the court. I think a petition u/s 45 of Indian Evidence at may not be fruitful.

Gurdip Singh (Accountant) 15 February 2014

Thank you for your advice

S K KARNjhc (Legal Adviser) 22 February 2014

You should file application u/s 45 of Indian Evidence act. taking consultation with your lawyer

Kumar Doab (FIN) 01 August 2018

From all threads initiated by you, IT can be construed that you need a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Civil courts, HC, SC……

YOur counsel can examine all matters and all details and provide you opinion on recourse.

The piecemeal queries and infor may not fully help you.