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.
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