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sowmya (-)     16 January 2013

Sign on blank paper

dear sir,

i just wanted to certain things about which iam totally illitrate.

my father has signed 3 blank papers and handed it to his brother when he was on the operation bed. after he recovered from the surgery he made his will but has not yet been registered. my father asked those blank papers from my uncle, but he has refused to give it back. now that my father has expired and our repeated asking of those papers he has refused to give it. i just wanted to know whether there is a possibility of misusing those papers against the will?  we are worried because uncle's attitude has changed after 6 months of my father's death. my father has given thumb impression on his will and so the witnesses also.



Learning

 3 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     16 January 2013

YES  

HE MAY USE IT TO TRF PROPERTY, AND CREATE wITNESSES .

 

However, Hand writting Experts and ink age etc will differ, and you can get defence. 

You must issue notice to the effect that few blank signed papers with thumb impression were lying with you, and were not delivered to anyone.  So in case you have it, pl return it to us. 

Later on , in case he reply you, he have to handover xerox coppy of what is written ton it. so you will not be in dark. 

 

In case he do not produce, he cannot misuse it later on. 

 

Discuss with ur local Lawyer and do needful to stop misuse. 

sowmya (-)     17 January 2013

dear sir,

thanks a lot for ur advice. but only those three blank papers are signed none other papers there kept blank. and to issue a notice for those blank papers what is the procedure and how do i do that? is it only through a lawyer or any other way issue notice ? please guide me

Nitish Banka (lawyer)     03 June 2018

Posted by: Nitish Banka  Categories: Civil Law Criminal Law 
 

 

Signatures on blank documents?

Many a times in property related transactions property dealer makes you sign on certain blank papers to do deal with prospective buyers of the property they do sweet talks and get your signatures on blank documents to be used at later stages of transaction.

If your property dealer is honest then those documents will be used to honor the deal else will lead to litigation and eventually will land you up in jail also.

Modus operandi-How the documents can be misused

If you are putting signatures on multiple documents then these documents can be used as cash receipt and can be used as agreement to sell of a property which you are intending to sell. Now if one agreement to sell and receipts are there with one person then a civil case of specific performance that is to sell the property at very low rate to intended purchaser or a suit of recovery is maintainable based on receipts in civil court.

Now if two agreement to sell and two receipts are there with two different persons with respect to same property the a criminal case of fraud is made out in such cases.

Related image

How to avoid signatures on blank documents

Insist full printed document with no blank spaces.

Take one of your witness for attestation of document.

Do not leave any space between your signatures and printed document.

Have a photocopy of whatever you have signed.

What to do if you issue blank documents to someone

Issue immediately a legal notice to other party who has taken your signatures on blank papers so you have proof.

Issue a public notice in leading newspaper so that any third party may not be able to misuse it.

File a case mandatory injunction for delivery of documents.

Stay safe and be very careful when putting signatures

 

 

December 5, 2017In "Civil Law"

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