• Signed on a blank white paper

I signed on a blank white paper in Sep 2019. I kept that paper in my bag to use it later for a different purpose. I lost my bag and paper as well in June 2020. I am worried someone may misuse this signed blank paper to do fraud things. Is it possible to create a fake promisery note using this signed blank paper ?

I searched in Google and found that forensic labs can find the age of ink on paper. I signed on the paper in Sep 2019 and lost it in June 2020 that means there is a gap of 8 months ! If someone use it to make a fake promisery note or any other fake document is it possible to challenge the age of ink to prove that I signed on a blank paper and it is a fake document.

Is it possible to inform/intimate to the court before itself that I lost the signed blank paper ? Is it possible to take any such precaution ? I want to take precaution now itself so that in future I can defend any fake document produced in the court.
Asked 2 years ago in Property Law
Religion: Hindu

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41 Answers

You can file a police complaint regarding the same and do newspaper publication. After that no one can misuse it. Even if misused you can defend it in court

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

To prove that any document is fake, you need to first get a complaint filed before the police regarding the same. Since it is a document which is almost one year old, it is possible that there would be huge difference in the written and the signed writing and the same is visible from bare eyes. further, it is not possible to inform or intimate court before itself but yes you can file a missing document or theft complaint before the area police station. 

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

I don't think that anyone can take advantage of your paper. One can take advantage only if that person knows you. Then he may know your assets etc. Otherwise a thief cannot know where your property is and how to take advantage. Therefore do not worry.

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

Hello,

  1. You can file a complaint with the police about the loss of the signed blank paper and get an acknowledgement on the photocopy of your complaint from the police. This will stand proof that you had lost the paper and you apprehend someone misusing the same. 
  2. You can also make a publication in the newspaper about the loss and the police complaint you made and  keep a copy of the news paper in your file as proof.

S J Mathew
Advocate, Mumbai
3408 Answers
175 Consultations

5.0 on 5.0

Signed on a blank plain paper is not a document.

No document can be prepared on a plain paper.

A promissory note also cannot be prepared on a plain paper.

An unregistered document is not enforceable in law.

Your fears in this regard are unnecessary.

Court will not entertain any such request as proposed by you.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

You can inform police that you have lost your bag containing blank signed papers 

 

keep acknowledgment of complaint in your record 

 

in case blank paper is misused deny your liability 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

No property dealing is possible on white paper. 

No promissory note is made on white paper. 

Some sort of undertaking or receipts can be made on such paper. 

You can challenge this in court if things moves to court at any stage and verify age of ink. 

Generally nothing happens if such paper is lost.

But for safe side give a paper publication stating the fact of missing signed blank paper in any local newspaper and keep papercutting with you.  

Generally it is not any serious matter. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. File a "Police Report", about the lost /misplace /stolen of your bag and include in it the contents including the blank paper.

2. This Police Report will safeguard you against all possible futuristic fraud or claim on you.  This will be required IF someone claims from you or if someone files any court case on you.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Signing on a blank paper can be disastrous if it lands in hands of someone who has a criminal mind.

2. If someone is to forge a promissory note then he will do it. Of course, if the dispute goes to court you can file an application in the court to send the paper to FSL to find out the age of ink on paper.

3. There is no provision in law to inform the court in advance.

4. You ought to have filed a FIR for the loss of bag and specifically stated in the FIR that the bag also had a blank paper signed by you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

No that not possible to get signed blank paper and later on it will be converted in the promissory notes. how the other person come to know that signature are your's only.

 

If you give registered FIR regarding lost of bag and in that you have kept signed on blank paper. If something gives wrong against you like Promissory notes this FIR will help/ defend from your side.

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

Get  a report lodged in police station for lost of bag and mention that there was a blank signed paper in the bag and you are afraid that someone might misuse it.

This report will be sufficient for safeguard 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can give a report regarding your loss in police station or take there help.

In order to avoid any inconvenice u may give publication or caution that u have lost signed blank stamp paper, any body gets may return to u or not misuse it .misuser will be prosecuted.

Lodge DDR in this regards ,if any one misuse later on u can lodge fir under section 420,465,467,471 ipc.

Just rember only person known to u n having full knowledge about u can misuse by himself or through someone.

Good luck..

Tarun Singhal
Advocate, Chandigarh
36 Answers

5.0 on 5.0

An instrument to be duly stamped (i) must bear the proper description of stamp, (ii) the stamp must be of the proper amount; and

(iii) the stamp must be affixed or used according to the law or rules for the time being in force in India, and properly cancelled. In determining whether a document is sufficiently stamped for the purpose of deciding upon its admissibility in evidence, the Court will look at the document as it stands and not at any collateral circumstances which may be shown in evidence. When the question is, whether a document bears a sufficient stamp, the document must be looked at as it stands. Therefore, every instrument which is required to be stamped is said to be duly stamped if the instrument bears adhesive or impressed stamp of not less than the proper amount.

 

 

 

 

 

2) in your case if instrument is not stamped it would not be valid promissory note 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

A plain paper containing only signature and nothing else cannot be converted into a promissory note. 

However if a person intends to create a fake or fraudulent document may go to any extent for forging a document as mentioned by you. 

You can challenge the same as per law and merits if at all you are implicated in any such false case. 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Than its not promissory note and no one can use it that plain paper. 

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

Yes it can be done but it has to be duly stamped on stamp paper otherwise it will not be valid

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

A. Signed blank paper never create any harmful to you. Similarly it can't be used for promissory note purpose also as no stamp duty paid.

B. You are advised to lodge vthe police complaint and get an acknowledgement with respect to the same. In order to take abundant precaustions that you can give a paper publication towards missing blank paper. You can utilise the same in future for defending yourself before the court in the event of any issue arises.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

1. Yes. Cross sign on a revenue stamp is not mandatory.

2. A common practice does not become a law.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

No, it is not a valid promissory note 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello,

  1. For a promissory note to be valid, there is no requirement of a revenue stamp and cross signature as suggested by you. It is an undertaking or promise to fulfill certain promise in future.Your valid signature is all that matters. For instance, " I promise to pay so and so Rs.5,00,000/- on demand " with  a signature is a valid promissory note.
  2. Follow the precautionary steps suggested.

S J Mathew
Advocate, Mumbai
3408 Answers
175 Consultations

5.0 on 5.0

- Yes, this signed paper can be used for the recovery of loan amount as well , after showing your declaration to pay a loaned amount , as earlier i was contesting such similar type of matter .

- It is also correct that the age of signing on the paper can be compared with the contents written on the said blank paper through an expert , and before the court such expert suggestion is also admissible. 

- Since, you have lost your bag in this months , then also you should give a written complaint for your safety , before the police after narrating the incidence and the possibility of using the said papers by any unknown person in future. 

- Under the stamp Act, the revenue stamp is not mandatory should be crossed by signature , it can be only crossed for showing that the stamp has already been used with the affixing paper. 

- Yes,  If the signature is done on plain paper and not crossed signed on a stamp , is it valid promissory note legally.

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

Dear Client,

You can file a complaint before police station regarding this.

Mukesh Kumar
Advocate, Jaipur
92 Answers

4.9 on 5.0

Go through the answer. Already replied. It can not be made on white paper. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

It is not that easy to create fake promissory note.  It should be stamped with appropriate stamp duty.

Yes, your research is correct.  If anything as apprehended by you happens, you can go for forensic expert's opinion.

No, it is not possible to inform / intimate to court about lose of signed papers.

Precaution is:

 ..... Immediately you should lodge police complaint about loss of bag and give details of contents thereof, retain acknowledge copy of complaint and receipt obtained from police. 

If any fraud / fake document is prepared, you can take shelter under above complaint.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Reply to your second Post:

No, your apprehension is wrong.  It cannot be done.

However, if anything of that sort happens, you will have defense, as stated above by lodging police complaint etc..

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Yes it is valid even if a revenue stamp is not affixed on it. But only if the person knows you then it is probable.

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

1. Yes anyone with bad intentions can make fake promissory note and other purpose but he also have to forged your signatures on Revenue stamp on promissory note. 

2. You can give a Non cognizable report to police stating loss of your purse and belongings which include signed blank paper. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You need not to worry but in case there is any problem then you have to report to the police that forcefully they have got the signature on a white paper and that can be misused so that in future if that paper is being used for any purpose other than then you will have to safeguard to for the promissory note and other things stamp paper is required to be signed

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Section 2(2 3) of the Indian Stamp Act 1899 makes it mandatory for affixing of stamp on any receipt as defined therein above Rs 5000 .

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have lost your bad having a blank paper with your signature.
  2. I would like to apprise you that no one can just simply is the same paper for there benefits to put some liability on you as if that person happens to do the same then also he will have to show as to when he met you or how does he know you or why did he lend something to you, and the same is very difficulty for the person to prove and he will be guilty of false cases and will be sent to jail also.
  3. Lastly, please register a lost report of your bag specifically mentioning the blank paper in it and that too was signed.
  4. And yes, all above assumptions are correct as mentioned by you above about the ink etc.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Court would consider fact that you have lodged complaint about loss of blank signed papers 

 

acknowledgment of receipt of complaint would help in your defence 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Yes court will consider this do not worry.. you have done what you can. And also filed a theft report.

Tarun Singhal
Advocate, Chandigarh
36 Answers

5.0 on 5.0

Yes, Court will consider this as a proof that you have informed to police officer online and have acknowledgement from them too.

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

This is an evidence on your side.

Hence keep it safe and secure so that it may used as documentary evidence when the need arises.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

You don't have to file FIR you can only send a complaint by post also. They will do the needful. You can also opt of online complaint if you want

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

yes court would consider this acknowledgement. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Yes court will.conaider this

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- Yes, this online lodged Complaint is very much admissible before the court , specially when you have took police station seal and signature of SI on the acknowledgement. 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

FIR is lodged only if the information disclosed to police reveals  the commission of an offence. In your case you have lost the bag which contained some documents, hence no offence has been committed. Therefore, only a complaint can be lodged, not a FIR.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

That is sufficient. In case of any fraud the court will consider this.

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

Yes, it will be considered by the Court.

You can use it in your defense and to support your case.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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