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Conflict of signature 40 years old how to prove it
10-Mar-2023 (In Property Law)
i am for the defendants in a suit for partition. the thing is defendant is pleading that the deceased father has sold the land to him, duly signing over a private sale deed, unregistered. but the plaintiffs state that the signature is not that of their father, the court here ordered for comparison by an expert, as the signature was about 40 years old, the signature expert opined to compare the signature with its equivalent in time and age. but the defendant has no other signed document. so how can i defend the plaintiffs?
Documents purporting to be more than 30 years old are presumed to be true unless and otherwise proven.
it is duty of the plaintiff to prove that the signature is not of their father. it is not the duty of the defendant to prove that the plaintiff's father has signed the document. so technically the FSL guys should be asking the plaintiff such proof and not the defendant.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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