Partition suit, forgery will, and how to submit private forensic lab report in court
Q) Sir, I am Lakshmi, age 73, my father had 10 Acer Self-Acquired property. My father expired 1999 intestate. My brother sold my father’s property without my knowledge in 2009(No news paper public notice). I filed partition suit and cancelation of sale deeds.
My brother with his written statement filed an unregistered, unprobated forgery Will of my father dated 1998 in his favour, which is not mentioned in sale deeds . Two witnesses of Will and scribe of Will came to court and said that Will is genuine. My brother did not submit any other signatures except Will.
I got two mortgage of 1986 (12 years old signatures) of my father from register office. My lawyer said that signatures should be within 6 years then only forensic lab can certify that it is forgery Will.
Then I enquired personally in two Government Forensic Labs, there Hand writing experts have examined signatures and said that they can give only “NO OPINION” report based on these old signatures.
Then I went to Private Forensic Lab Hand writing expert, he examined signatures and gave a report that the signature which is on unregistered Will is a forgery signature.
Q1) Now how to submit this Private forensic lab report in court?
Q2) Under what section it is acceptable in court, as it is not sent through court u/s 45 of Indian evidence Act for hand writing expert opinion?
Q3) My lawyer needs some clarity about how to submit private forensic lab report in court?
Asked 6 years ago in Property Law
Religion: Hindu
Sir, I want some SC judgments related to Self-Acquired property partition suit, to cote before final judgement from my side?
Asked 6 years ago