• Blank stamp paper

Hi sir,

I was into a business (not in india ) and i decided to sell the business; thus i sold to one person and he gave me 40%of the agreed amount, later he have decided to quit and i forced to sell the business to another man. And i promised the first guy that i will return his money back. 
Unfortunately the second guy didnot paid me well and played a game and thus i couldnot settle the first guy. 

The first guy have threaten me to get the money back and after almost one year, he have threaten me and forced me to sign a stamp paper ; since i am intending to repay him , i have signed the blank stamp paper of 500rs which he have purchesd on my name and NOT notarized ( signed on july ) 
Now even after 7 months, i couldnot get into a job and thus couldnot give his money back. 

Now he is thretening me like he will write more money i owe in the stamp paper and make my father and mother as nominee etc. 

Please advice me how to defend this . I have the voice clips that he is threatening me that he will fill up the blank paper with false statements. 

Thank you and expecting the reply at the earliest.
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

1) file police complaint against the the person for criminal intimidation under section 506 of IPC

2) mention that your signatures were forcibly obtained on blank stamp paper

3) i presume you have not given any post dated cheques

4) in case any suit is filed against you contact a local lawyer and deny your liability to make payment

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Hi

write to your friend requesting him not to use the said "BLANK SIGNED" stamp paper given by you as a security deposit by giving the details of stamp paper - DETAILS OF STAMP PAPER MUST !!!.

Make sure that you get acknowledgement of service of your representation to your friend.

By doing this, you are creating evidence in support for your future litigation.

Never discuss about the loan and the details thereof.

Upon his reaction it can be taken forward.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hello,

Do not worry, such stamp paper are not a valid document in the eyes of law.

If he proceeds to file any case on the basis of such paper then at the outset produce the clips before the judge and say that the signature was made under force on a blank paper.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) You have to apply Qatar's law in this matter include all things whatever he had narrated in the complaints to local police station. For safety purpose.

2) Try to talk with him and give assurance that you're going to pay him all his money once you sale your business.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

That blank stamp paper on which he has taken your signature is a piece of junk.

To recover his dues from you, he can only resort to measures which are permissible under law; and not otherwise.

Thus, the recourse available to him is to file a recovery suit against you and seek his claims. He cannot resort to hooliganism to recover these advances. At any time his harassment becomes unbearable, you have the option to approach the Police and lodge a complaint.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

Procure more such evidence like this, and issue him legal notice, if he misuse the stamp paper, u will file criminal complain against him.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

First file a police complaint stating all facts you stated here. He can't forcibly take your signature on any blank Stamp paper. After that even if he writes on that it doesn't have any meaning. Henceforth don't give anything in writing or any cheques to him now

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Fill a police complaint about criminal intimidation nunder ipc 506 and also mention in same that he forcefully made you sign the stampaper.

Non notariesed stamp paper as such has no value if he file a suit defend same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly you should know that

- Stamp paper has no limitation period or expiry date.

- A stamp paper can be used at any time after purchase of it,

- The Indian Stamp Act only fix a period to get the refund amount of unused stamp papers i.e. six months from the date of purchase but it does not defines any where the time period for use of stamp paper.

- According to Supreme Court judgement in the case of Thiruvengada Pillai Vs. Navaneethammal and Anr., the stamp papers do not have any expiry period.

Hence, the said stamp paper of Rs.500/- duly signed by you ,even by force , can be used by your above said guy for the nefarious purposes against you. He can use the same for the amount recovery purposes from you.

You should lodge a police complaint against him after narrating that you have nothing to do with that stamp paper but you are getting threatening call to misuse the same.

In your absence , any one of your family can lodge the same on behalf of you.

Mohammed Shahzad
Advocate, Delhi
9872 Answers
121 Consultations

5.0 on 5.0

File a police complaint stating he had criminally intimidated you. Not sure of Qatar laws.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

You would be immediately required to send a legal notice to that person who is threatening you that he would write on the blank stamp paper. While sending notice you should specifically state in your legal notice that he had opted your signatures on the blank stamp paper under undue influence and coercion and you should specifically mention the date on which that stamp paper was made to sign by him. In order to keep your defense alive in future, you should also state that you have already paid the amount to him in cash. This will made him think before writing anything on the stamp paper and your version will be already in black and white. You should ask a legal notice that he should not misuse this blank stamp paper and should return the stamp paper to you. If the threat continues you can also lodge a police report against him and get him to some settlement.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

Hello sir , it is advisable to file a police complaint regarding the same under section 506 IPC for threatning ...police can under its investigation recover the said document from him ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hi,

Before he takes any action, you are suggested to file a case of blackmailing against him.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. It has not been informed as to whether your business was a proprietorship firm or partnership one and how have you decided to sell the title of your as said business.

2. Was there any agreement for sale signed by you or any such sale document mentioning the total price to be paid by him?

3. In case you have the sad document evidencing your selling of your business at a particular price out of which you have got only 40%, then you can demand the balance 60% from him.

4. Your ground should be that the said person sold that business which he had bought from you to a third party who has not paid him the agreed amount for which you are not responsible and his demand for the said amount is unreasonable.

5. Now lodge a police complaint alleging that he has bought one Rs.500 stamp paper from the Vendor in your name and has forcibly taken your signature on the said blank stamp paper.

6. If he raises any complaint, this police report of yours will stand in very good stead for you to defend yourself.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

For the present you should talk to him and pacify him and request him some more time to settle the amount

\

If he is not agreeing for this or refusing to extend more time, then you silently issue a legal notice to him stating that he had obtained a blank stamp stamp paper with your signature for the purpose of security for the proposed business however even after the business proposal could not materialise, he is not returning the blank stamp paper and he is suspected to misuse the same for extortion.

In that legal notice you can demand the return of the blank stamp paper and also instruct him to not to indulge in such illegal activities.

You can discuss with your advocate on all such further issues

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer