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aamele law (student)     29 January 2010

How can fraud be proved ?

I have a civil case running for my property. The defendant is alleging fraud based on a letter from the IG of stamp department - that our partition decree which was oral reduced into writing in 1986 was forged and the stamp paper is not genuine. He is also alleging counter feiting. 

I have verified that the stamp paper by that vendor does not exist but has a similar name with different initials - he is the brother of the actual stamp vendor whose name is registered. We were minors at that time. Upon request to stamp department - Now they are saying they do not have the register for that year(1985-1986) or previous year also. My lawyer is very nervous and said some latin maxim - Ex turpi causa non oritur actio. What does it mean ? I have all originals related to my property. Please suggest how to prove no fraud played by us. 



Learning

 4 Replies

R.R. KRISHNAA (Legal Manager)     29 January 2010

Give us the brief details of the case and date of the letter from IG of stamp stamp department and the knowledge of your opponent with regard to the letter.

aamele law (student)     29 January 2010

We(2 brothers) partitioned in the year 1995(decree) and father sold our property in the year 2003 by registered sale deed since we did not change the names in the registrar office and also without our consent and documents. We filed case in 2006 for possession when we got to know of it since father was handling the rental affair on behalf of us. 

He has got the letter in the year 2006 but filed that letter only after 1 year after the period of limitation. 

girishankar (manager)     26 February 2010

Sir even Telgi Stamp paper is a valid one.....

girishankar (manager)     26 February 2010

Why U r worrying on stamp paper

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