is notary document for property registration valid

I was given a notary assisted document by my relative about property. I feel that notary was not a documented or registered. In a legal notice to 3rd party there advocate has mentioned about giving that document . can they refuse that this is not a valid document as not registered properly. Can I use notice served by there advocate to counter their claim. Should I ask for FSL report.

Answers (1)

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Allegations of forging property documents are extremely common in Indian Courts and difficult to prove. there is however, a systematic way of protecting your interest. The first factor to keep in mind is that testamentary instruments, such as Will, do not require registration. On the other hand, a conveyance deed or a sale deed will require compulsory registration. If you are doubtful about whether the document in question has been registered or not, the easiest way to verify the same would be file an RTI application before the concerned registering authority. You could use this reply in a Court of law if it supports your claim. As far as forensic testing by our FLS Labs is concerned, the process is often slow and results can take years to come in such cases. However, it is an appropriate course of action in several situations where there is no clear way to determine whether a document is what it purports to be. If you suspect forgery, you could file an application under Section 340 of the Code of Criminal Procedure, 1973 which prays that the Court should initiate an inquiry into the offence of tendering false documents as evidence. FSL Testing of the document in question can be asked for in the same application. The proper course of action can be determined by a well trained Advocate and it is recommended that you seek such assistance before proceeding any further. Let us know if we could be of any further help to you.

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