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Dawinder Aulakh   23 June 2017

Promissory note

promissory note legal if it does not have any attestation from document writers like notaries?? and if it does not have witness also???



Learning

 9 Replies

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     23 June 2017

Witness is essential, notary not needed.

Advocate Bhartesh goyal (advocate)     23 June 2017

promissory note doesn't require any attestation but witness is essential.

Dawinder Aulakh   23 June 2017

thank you guys 😊

Kumar Doab (FIN)     23 June 2017

Agreed with Mr. Vinod Shah,Mr. Bhartesh Goyal.

 

Azhagananth (Lawyer)     24 June 2017


1.  It should signed be two witnesses, no need of attestation from document writers/Notaries. the person capable of understaning the transaction is sufficient to affix his signature as witness and make the author of the Pronote.
 
2. if execution is denied then, witness is necessary to prove the transaction.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     25 June 2017

This discussion has thrown new issues. Most of the promissory notes by banks does not have witness, what is its legal status.

Dawinder Aulakh   25 June 2017

yup they don't have but still it's legal

Azhagananth (Lawyer)     25 June 2017

M/S. LAXMINARAYAN Sr.. you are absolutlety correct, but the bankers will have documents like Renewal letters, Agreement/Deed, Idemninty bond & Etc... Think its difference from Individual case from Bank/Finance case which possess contracts...l
 

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     26 June 2017

Yes sir it is true but we are taking some extreme steps in cross to confuse the bank staff and most of time we achieve our objective.

By proper prepration of cross examination we fire series of questions in rapid succession and insist for YES OR NO answer.

Few examples-

1) Any record of identity of persons who have signed.

2) Was it signed before you.

If the witness says YES  be ready ready before hand for supplimentry question THAT what is the record that you were present on that day at the place where these documents were signed.

Who were other persons present.

3) Have you brought any record from your bank for existance of these documents on that partaicular day.

    AND MANY SUCH QUESTIONS IN RAPID FIRE NOT ALLOWING TIME TO THINK TO THE WITNENESS.  PREPARE SUPPLEMENTRY QUESTIONS IN ADVANCE ANTICIPATING ADVERSE ANSWER.

 

While we are sucessful in such methods without exception  but others could no repeat it due to lack of prepration. Questions has to be in rapid fire one after another and the witness should not be allowed any other explanation other than  YES OR NO. Even one no answer will confuse the witness and his whole thinking/ reasoning process will stop.

 


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