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Amit signs his deceased uncle’s name on a property transfer deed to sell ancestral land to a third party. The buyer, unaware of the forgery, pays in full and takes possession. Later, the fraud is discovered. Whether Amit can be prosecuted for forgery unde

Posted by jobseeker Garima Rajput | Approved
Answers (1)

Amit’s act of forging his deceased uncle’s signature on a property transfer deed constitutes forgery under Indian law, even if the buyer acted in good faith. Here’s the legal breakdown:

1. Forgery of a Valuable Security
Section 467 IPC:

A property transfer deed qualifies as a "valuable security" under this section.

Forging a deceased person’s signature to transfer property creates a false document with intent to defraud, satisfying actus reus and mens rea .

Punishment: Life imprisonment or imprisonment up to 10 years + fine .

Section 471 IPC:

Using the forged deed to execute the sale (even if the buyer is unaware) attracts liability for fraudulently using a forged document.

Punishment: Same as forgery under Section 467 .

2. Key Legal Principles
Mens Rea Established: Amit’s intent to deceive is evident from forging a deceased person’s signature, which cannot be authorized. Courts presume fraudulent intent in such cases .

Void Transaction: The forged deed is legally invalid. The buyer, though innocent, gains no valid title to the property, which must revert to the rightful heirs .

Judicial Precedent: In cases like Mansukhlal Mer v. Sandeep Dangariya (Result 5), courts have prosecuted similar forgery of property documents post-death, emphasizing strict liability for the forger .

3. Buyer’s Position
The buyer, unaware of the forgery, is not criminally liable but may face civil litigation to reclaim the purchase amount or resolve ownership disputes .

Conclusion
Amit can be prosecuted under Sections 467 and 471 IPC for forging a valuable security and using it fraudulently. The punishment may include life imprisonment or up to 10 years’ imprisonment and a fine. The transaction is void, and the property must be restored to the lawful heirs.

Answered by jobseeker kashvi | Approved

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