• 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 4 years ago in Property Law
Religion: Hindu

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12 Answers

It must be proved that the witness is an expert. He must be examined as a witness in the Court and be subject to cross-examination[

2)An expert witness must himself come and give evidence in court. His certificate cannot go in automatically without proof

3)U/s 45 of the Indian Evidence Act an expert can depose to the identity of handwriting between the questioned document and the document admitted or proved. A disputed handwriting may be proved either by calling an expert (S.45) or by examining a person acquainted with the handwriting of the person by whom the questioned document is alleged to have been written (S. 47)

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

You cannot submit the report by private forensic lab in this regard.

If you have to prove forgery of signature then you may have to file a petition under section 45 of Indian evidence act only.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. yes ,report of private expert can also be filed in court .However to accept this report they will have to attend court and give their oral evidence in support of their report.

2. It is opinion of an expert who is coming to court to give his opinon.It is admissible piece of evidnece.Do not get worried by sections .

3. As I stated above unless and until he comes to depose in court this report will not be valued in court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

In the Sale deed, series of acquisition of property details entails. Check language of sale deed, how he acquired property. Under intestate succession, u both are 1/2 share holder. And no mention of WILL in sale deed, arise suspicious circumstances as by virtue of WILL only he become absolute owner of property otherwise equal share holder and without mentioning WILL In sale deed, Sale is without ownership. Show sale deed.

Q1) Now how to submit this Private forensic lab report in court? - U can submit but not admissible, also if court took inference of it, not enough to prove forgery of WILL. Age of ink might help. when document executed.

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? - not admissible.

Q3) My lawyer needs some clarity about how to submit private forensic lab report in court? -

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

As per the judgments When the defendant denies the signature in a particular document which is very much relied on by the plaintiff, it is for the plaintiff to take steps for examination of the disputed signature by sending the document to a handwriting expert. Further the opinion of the handwriting expert alone is not the deciding factor in finding out the genuineness of the sale agreement dated 15.2.94 and the same could be tested by examining the attesting witnesses and also in some other modes and it is the duty of the plaintiff to establish his case by letting in sufficient oral and documentary evidence.

The method employed by the government agencies and the private agency has to be satisfactorily explained. As the plaintiff has to take steps if signature is disputed, in this case your brother. However, it does not preclude you to file an IA to refer the signature to the state agency and followed by private. In case of conflicting opinions, your brother has to satsifactorily adduce further evidence in addition to scribe and witness to explain the authenticity of the signature.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Private forensic lab's report can be led in evidence but the court will not send the will for FSL examination to a private lab. While nothing stops you from leading in evidence the report of a private lab it will not be relied upon by the court.

2. Just lead it in your evidence. There is no section required for that.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Firstly, the unregistered will is in fact not admissible under law then no use of witnesses and all.

Or should have objected on this point at early stage of the proceedings.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

First of all decide on what subject you do you require a supreme court judgment and after that browse through indian kanoon.org on the basis of subject for a citation suiting to your subject.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Judgments depend upon facts of each case

On demise of your father intestate your mother , you and your brother have equal share in self acquired property of your deceased father

You don’t need judgments fir said proposition of law

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

J. Naval Kishore vs D. Swarna Bhadran, J. Parasmul, P. ... on 3 October, 2007.

This judgment contains excerpt from SC judgments which will be helpful to your case to prove that the signature is not of the testator.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You should search them out yourself.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You need to apply in court for the same to rely on the private forensic report. You can also examine the forensic expert in the court. The expert upon is reliable in Court.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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