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Vishal Bhatia   29 January 2022

Signing as a witness

My neighbour took my signature as a witness. I did not read the form but remember that franking was done on the form. It was not signed otherwise, nor any details written in the blanks given in the form. He was in a hurry so I put my initials, name and address as the first witness. Second witness had already signed. No dates were written. He said that it is an affidavit for transfer of physical shares from his Late mothers who is second holder and he being the first holder. Later being worried I had given my initials on a blank form as a witness I got worried and asked him to show the signatories of the document and I do not need to see the content otherwise. But neighbour is postponing and not showing me that form. What recourse do I have to avoid some bigger problem in future if my neighbour is doing any fraud or helping some one else do fraud? Kindly advise.



Learning

 6 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     29 January 2022

Being a Witness you will not have any sort of problem. In case if he requires you an a witness in any court. then you need to appear if court directs you to do so.

Vishal Bhatia   29 January 2022

Thank you sir. My worry is that if signature is forged , I may be answerable. Do I need to take any steps l now ; so that if any thing wrong is done with the form , I am not held responsible. 

Aryan Raj   29 January 2022

In response to your query,

Signing the document as a witness doesn't mean that you can be held liable for any future ill consequences. When you signed the document it was only for identification purposes so that in future you can identify that the signature on the paper is of that particular person and you can do the same thing when you are asked for in the court.

You will not be liable for any criminal offence. 

Regards,

Aryan Raj 

Vishal Bhatia   30 January 2022

Thank you Aryan Ji.
When I signed as a witness there was no signature of either parties of the agreement. Hence concerned that if my neighbour forges some one's else's signature , I would be questioned. How can I save my self so that in such scenario I am saved. Do I need to take any step right now so that in future I am saved ? 

Adv. Mohit Chahal (Advocate)     31 January 2022

Affidavit does not require witness as identification of deponent is being done by notary himself or by some enrolled Advocate.

In case your neighbour is planning to commit forged signatures of any party and further planning to do some fraud by submitting that document in order to obtain undue gain then you may be held responsible for committing crime by abetment.

You are advised to bring to the notice of police about said act of your neighbour.

Regards

Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site/

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site/

Vishal Bhatia   31 January 2022

Thank you for understanding my concern Mohit Ji.

I am worried because he is not showing me the finally signed document despite of me telling him that I just want to see the signatories for my satisfaction and I do not want to see the contents. He is not fulfilling this reasonable ask.

Now I will warn him of police complaint and check if he shows me the document. If he still does not comply, I will go and submit a letter in police station stating the entire episode.


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