Is this Forgery?
Querist :
Anonymous
(Querist) 01 March 2010
This query is : Resolved
Dear Sir/Madam,
One of my client's purchased Agricultural land in Raigad Dist. Maharashtra. Now, the land was purchased in 2006 in the name of my clients wife who is a backward class farmer from Rajapur Dist. Maharashtra.
However, while purchasing the land, obtaining the 7/12 from Rajapur had become difficult & hence they submitted a fake 7/12 in the name of the concerned partie's husband's name as Section 63 of The Bombay Tenancy and Agricultural Lands Act, 1948 prohibits purchase of Agri Land by non farmers. On that basis, the land was duly transferred to my client's wife's name. Thereafter, my client managed to obtain genuine 7/12 from Rajapur Dist. in his wife's name.
However, now, in Feb, 2010 someone has decided to investigate into the matter (Under RTI Act) & my client fears that even though he now holds a genuine 7/12, the person who has sought information under RTI Act may try to invoke the IPC for Forgery of Documents (7/12 in this case) once he finds out about the same.
Now my concern is the following:
1) Can IPC (for forgery) be invoked in this case?
2) If yes, what would be the maximum sentence possible & what would be the likely punishment considering the facts of the case?
3) Can my client claim any defence as to non existence of ulterior motive or malice?
4) Are there any other remedies available to my client?
5) What would be the maximum punishment under the Bombay Tenancy & Agricultural Lands Act, 1948; if any?
Thank You.
niranjan
(Expert) 01 March 2010
Creating a docuent by your own is surely forgery,but vf 7/12 cannot be created by you,it must be talati who should give true copy of 7/12.The purchaser has to show that he is an agriculturist,but you say that wife is farmer so she is entitled to purchase the land.Even when wife is a daughter of agriculturist,she remains agriculturist and does not loose status of an agriculturist by marriage.Under Tenancy Act,the sale could be declared invalid and confiscated.
Raj Kumar Makkad
(Expert) 02 March 2010
Offence has already been committed and it has no relevance whether your client now holds genuine document or not.
Guest
(Expert) 02 March 2010
I AGREE WITH EXPERTS
Querist :
Anonymous
(Querist) 02 March 2010
Thank You for your valuable views dear experts.
But still, a few doubts remain:
1) Even though the Talathi had given the said 7/12, still, the onus of proof would lie on my client to prove innocence.
2) Secondly, my client has been the daughter of an agriculturist since birth & hence been a farmer all her life. The issue was that she couldn't obtain necessary documents (7/12) then (in 2006) which she managed to obtain in due course.
So now, she should not be liable for punishment 'for NOT being a farmer' as she has always been one irrespective of any circumstances.
