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Supreme Court of India 2020-11-16 allowed

Inder Pal Singh & Anr vs Nirmal Gill & Ors. etc

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

Joginder Kaur claimed that a 1990 General Power of Attorney and related sale deeds executed in her name were forged by her step-siblings and sister-in-law. The trial and first appellate courts found the documents were genuine and executed by Joginder Kaur herself; the High Court reversed these findings based on alleged discrepancies and the improbability of a woman executing a power of attorney in favour of another woman. The Supreme Court restored the lower courts' decisions, holding that the plaintiff failed to produce tangible evidence of fraud and that multiple attesting witnesses and the scribe had credibly testified to the documents' execution. Since fraud was not established, the suits were barred by limitation. The Court rejected the High Court's re-appreciation of evidence as impermissible in second appeal.

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Evidence Act Fraud and Forgery Limitation Act Property Law General Power of Attorney Attesting Witnesses Handwriting Expert Opinion

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