My uncles have fabricated a debt acknowledgement letter. The debtor in this case is my father against whom the civil case was filed and now that he is deceased they have sucessfully impleaded the legal heirs i.e. My mother, sister and me. In this letter on plain paper, my father acknowledges borrowing 20 lakhs in cash given by my uncles. The letter states it is for purchase of a house in Coimbatore. The letter also says that he agrees to pay an interest of 12% per annum. The signature is very close to original. But my father even before he died swore that he had taken no such loan nor signed such document. It is only signed by my father. There is no signature by my uncles or any witness. There is no revenue stamp also. Is this legally tenable. Please advice.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Hello,
Such document is not at all valid in the eyes of law and no such claim can not sustain for long. File an application for dismissal of the case in the court.
Also if summon has been served upon you then you may challenge such summon in the court of law.
Regards
Also please note that burden of prove will rest upon the person alleging the same, you may just engage a local lawyer and negate the arguments put forth by the other party.
Regards
1) in your defence take the plea that your father signature is forged
2) document would be referred to hand writing expert for his opinion
3) burden of proof is upon uncle to prove your father borrowed Rs 20 lakhs
1) in your defence take the plea that your father signature is forged
2) document would be referred to hand writing expert for his opinion
3) burden of proof is upon uncle to prove your father borrowed Rs 20 lakhs
4) if your father had taken such a loan your mother and other legal heirs would be liable only to extent they inherited any property from your father
Hi, it has to be decided by court .. The case is based on documentry evidence .. The signatures will be matched by forensic laboratory, and if the report is in your favour then the case becomes weak
The acknowledgment for receiving the loan on a plain or white paper is not maintainable especially when it is not even witnessed.
You can fight it out on merits.
Your father's denial about the said loan is a good defence for you to challenge the false case.
