Ask Experts Questions for FREE Help !
Ask
    KAUSALYA's Avatar
    KAUSALYA Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 16, 2011, 04:03 AM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Feb 16, 2011, 04:33 AM

    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.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #3

    Feb 16, 2011, 04:40 AM
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Feb 17, 2011, 09:49 AM
    It is not illegal to sign a document after you die.

    Impossible, yes. Illegal, no.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #5

    Feb 17, 2011, 12:52 PM

    Out of greenies - laughed until I cried.

    Love the logic of the signature after death.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #6

    Feb 18, 2011, 10:29 AM
    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.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #7

    Feb 18, 2011, 11:42 AM
    ebaines, the site I looked at distinguishes lakhs from lacs. 1 lac = 10 lakhs.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #8

    Feb 18, 2011, 01:11 PM
    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!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

In Virginia,if written document witnessed & notarized, can it legally be my will? [ 1 Answers ]

Stste of virginia resident. Divorced 20+yrs,one adult child, some $$ & a house but no 'estate' and I want to be sure child gets all.

There is a document that we believe wasn't signed properly by a notary public. [ 10 Answers ]

How can we verify who this person is? The paper itself does not have the proper seal. Is it possible to print a seal that is flat and that has been taken off the internet?

I have never signed a written lease or never signed a verbal lease agreement.. [ 5 Answers ]

I been staying in my home for a year now.. landlord never told me how much rent I was paying... I never signed a lease or a verbel agreement about how much rent was... my landlord never came and fix anything in the home... I paid for everything to be fix... such as windows... rewiring the electric...

Can a legal document be changed after it is signed [ 3 Answers ]

I purchased a LEMON from Hyndia of Tallahassee. All the paperwork that I signed and left with a copy of has a different lendors (Hyndia Finance) name on it. I received a bill from a different lendor. I just called them and they said that Hyndia had scratched out the other name and wrote in...


View more questions Search