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-   -   Is it legal, if the document is written after the death of the person who signed it? (https://www.askmehelpdesk.com/showthread.php?t=554867)

  • Feb 16, 2011, 04:03 AM
    KAUSALYA
    Is it legal, if the document is written after the death of the person who signed it?
    My Father has passed away on 2009 due to Heart attack. I am the only daughter to him.
    Now a relative of ours claims that my father has borrowed 5 lacs from him in 2008.
    He has filed a case on me and my mother, that we, as the legal hierers of my father has to repay him.
    He has Promissory notes saying my father has signed, as the proof.

    Now we have a doubt, that whether my Father's signature could by forged or
    His earlirer signature was used and the content/body of the document was filled later(after his death).

    Is it possible to find the date on which my father has signed and the date on which the document was filled and witnessed?
    Is it legal, if the document is written after the death of the person?
  • Feb 16, 2011, 04:33 AM
    ScottGem

    The document could be examined by handwriting experts to determine if it's a forgery. There may be other ways a forensics expert could determine when it was written.

    The question is whether the burden of proof is on you or the relative. You should get an attorney to advise you of local laws.
  • Feb 16, 2011, 04:40 AM
    joypulv
    Each country has different laws. Where are you? (5 lacs = 5 million rupees?)
    Generally the burden is on the plaintiff in such cases, and any filings would have to be done before the death of any parties involved. But private loans are not 'filed' anywhere that I can think of, and if there were, it would be public record. A loan might be indicated on a tax return. A document might be notarized by a Notary Public in front of both parties who attests to the date signed and that the people are who are they say they are, after showing their IDs. But notarized statements aren't filed anywhere.

    I wonder why this relative waited over a year and also never mentioned it before suing you?
  • Feb 17, 2011, 09:49 AM
    AK lawyer
    It is not illegal to sign a document after you die.

    Impossible, yes. Illegal, no.
  • Feb 17, 2011, 12:52 PM
    JudyKayTee

    Out of greenies - laughed until I cried.

    Love the logic of the signature after death.
  • Feb 18, 2011, 10:29 AM
    ebaines
    Quote:

    Originally Posted by joypulv View Post
    Where are you? (5 lacs = 5 million rupees?)

    Actually 5 Lakh (or "Lac") is 500,000 rupees, or about $11000 USD.
  • Feb 18, 2011, 11:42 AM
    joypulv
    ebaines, the site I looked at distinguishes lakhs from lacs. 1 lac = 10 lakhs.
  • Feb 18, 2011, 01:11 PM
    ebaines
    Quote:

    Originally Posted by joypulv View Post
    the site I looked at distinguishes lakhs from lacs. 1 lac = 10 lakhs.

    What site are you looking at? Wikipedia says that a "lac" is a "lakh" is 10^5:

    Indian numbering system - Wikipedia, the free encyclopedia
    and
    Lakh - Wikipedia, the free encyclopedia

    I must admit it's all very confusing for someone schooled in the traditional western number system. I've been to India several times, and whenever reading the local english language newspapers they always write in terms of "lahks" and "crore," and it takes me a bit to figure out what they're talking about!

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