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venkatraman T (asm)     23 April 2015

How to proove forgery case on xerox of forged document

My legal question:

A)   Our house is in my grandmother's name & her 2nd son went to a notary public with a aged lady, claiming she is his mother & got a affidavit notarised in my grandmother's name saying "house is transffered to his name from his mother" in a 20 Rs. stamp paper. Actually my grandmother don't know this & she not went to that notary public & she not done signature on that stamp paper. She not done signature on notary register which is maintained by notary public.


Later we came to know about this false affidavit & my grandmother filed a forgery,cheating FIR in police station aganist her son. Its under investigation. we got only xerox copy of that stamp paper from local village panchayath ,where her son submitted that xerox copy, to them to make transffer procedures in village property register. I feel accused may be destroyed original stamp paper by now.

 

 

1)Now how to proove this forgery aganist accused?

B) Now i checked this false notary matter with that concerned notary public who did that notary, by calling him on his cellphone & notary telling(lying) my grandmother only came & thats why he done the notary procedures/seal on that stamp paper. He also told,now the notary register which he need to maintain as per law in his office, was eaten by insects/cockroach.This phone call i recorded. Now i given a complaint as per Notary acts aganist said notary public, to district court/law dept. with a evidence of recorded conversation CD. The district court accepted my complaint & just now issued a notice to said notary public to attend court for enquiry.


1. Is this my phone recording of my own conversation with this notary public is illegal or criminal offense? 
2. If this recording is illegal, any fine i need to pay? Or any imprisonment?
3. can this CD will be treated as evidence in courts as per indian laws ?



Learning

 7 Replies

dr g balakrishnan (advocate/counsel supreme court)     23 April 2015

advanced forensic examination could  reveal the right facts  if you give your real grand mother's relevant signature or thumb impression that could trace the real facts!

 

today forensic studies are so advanced that could be done even on a photostat or zerox copy too!  

dr g balakrishnan (advocate/counsel supreme court)     23 April 2015

any way you have to check with university forensic department which has good research facilities else one can approach at the forensic laboratory research where doctoral studies are carried out at Hyderabad,AP 

venkatraman T (asm)     23 April 2015

Dear Dr G balakrishan sir,
thanks for suggestions. but in this case original forgery document not available,only photocopy available & govt.forensic lab bangalore  is given report that"signature on photocopy not clear" so they are unable to give any opinion on photocopy  and also,forensic dept said,if original stamp paper available,then they can give opinion on signatures.

but local village panchayath which is a govt.body,given in writing to I.O that, the questioned document's photocopy is submitted to them by accused only.

& the notary public who did this notary seal, saying that"entry in the notary register not available bcoz insects/cockroach eaten that notary register"

plz guide me how to depend my case?

dr g balakrishnan (advocate/counsel supreme court)     23 April 2015

forgeries have become common when courts started accepting Xerox documents as Notary public are enthused to become corrupt by the xerox documentation of such documents like in our case.

 

i would recommend that hon supreme court of india considering the plight of litigants might give instructions to revert back to old method of copied documents are certification method besides notarizing!

 besides Notary acts are duly modified, after all notary idea  is assist the very ordinary por man as a litigant probably one day might be! 

dr g balakrishnan (advocate/counsel supreme court)     23 April 2015

pls note here your question after having understood properly that you do have forged xerox copy, that xerox copy could be  properly examined  on the basis of signatures or thumb impressions which only are vital in the xerox document sir. 

venkatraman T (asm)     23 April 2015

i agree that signature  or thumb impression on xerox copy is vital,but govt.forensic lab already given report to police that, they can not give opinion on signature in this case,because signature on the photocopy is not clear and with bad line quality... so now forensic opinion in this case not available or denided by forensic department......so now what to do sir..

Ajay Paplu (Lawyer)     06 June 2015

If the case admitted and cognizance taken against the accused, after appearance you may pray from court to take thumb impression and signature of accused persons and deposit required fee for  expert. On report of the expert court will decide for conviction.


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