Fraud Signature identify & Prove Ravi passed away in end of Sep 2019. He is having one Son and one daughter. In End of May 2021, Ravis wife also passed away. In Sep 2021, 2 properties (1 Property belongs to Ravis and Another property belongs to Ravis Wife) were sold by ravis son and Daughter. After that, there is dispute between Ravis son and Daughter on remaining properties. Ravis Daughter filed a partition deed in Aug 2022. Now Ravis Son showing fake documents with Ravis signature after File the partition deed. But 100% Sure that’s is fake signature. He may be prepared the documents just within 3 to 6 months. My Questions: 1. How to prove that is fake signature ? 2. Is it possible to prove the with AGE of signature in the document ? a. Ravis passed away 3 years before b. Fake Signature document prepared within 3-6 months 3. Another way is Comparison of the Signature. But don’t have original signature of Ravi. Is it possible to compare with scanned copy of ravis signature and fake document Signature. Note: Ravi Sold property just one day before passed away. Don’t have original sale deed. Is it possible to get the original signature from the Sub Register office. . 4. Any other way to prove the fake signature?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Obtain handwriting expert opinion that signature is forged
2) file police complaint that signature has been forged and documents fabricated
3) documents would be referred to forensic lab as to whether signature has been forged or not
4) if forged then charge sheet would be filed against your brother
1. If the documents are believed to be fake owing to signatures compared, then that will become the reliable reason to prove the fraud played by the person who is trying to establish the documents falsely.
2. The documents may be referred to the handwriting experts at forensic department by filing an application under section 45 of Indian evidence act in the pending litigation.
3. No, the court may not entertain this.
4. You first of all ascertain that if the documents are really fake for the reasons and document you rely upon after which you can fight and challenge the same properly in the pending litigation before court.
It needs to be proved in trial by experts witness or by showing his previous signature on record.
The penalties for faking a signature include criminal charges, jail time, documents annulment, money reimbursement for the victim, or more. If you are a victim of signature forgery, it is highly recommended to seek legal advice from an attorney immediately as fraud or forgery cases often have a statute of limitations.
What you can do is file an FIR against him in relation to forgery, under sec 420 and 406 of the IPC, and while doing so it will be convenient for you if you will take along with you some documents showing that the sign has been forged.
Consult a good lawyer with your details.
The opinion of a handwriting expert is secondary evidence under the provisions of sec 45 of the Indian evidence act and so the court may or may not rely on the opinion of a handwriting expert as it is not conclusive proof of evidence therefore what you can do is use the expert opinion for cross-examination of witnesses who signed the third document demolish the fact that he had signed the third document.
To prove whether it is a genuine or forged signatured, the impugned signature has to be compared with the original, genuine one. Only forensic experts are capable of assisting courts in such matters with their professional opinions.
