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forgery

(Querist) 17 March 2011 This query is : Resolved 
can a false statement or misrepresentation be deemed as forgery for instance if a person states that he has such and such property but in actual he doesnot. can such misrepresentation be called forgery
Parveen Kr. Aggarwal (Expert) 17 March 2011
No. Such a misrepresentation in itself cannot be said to be forgery.
Basavaraj (Expert) 17 March 2011
Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation.

Hence, we cannot say that false statement or misrepresentation be deemed as forgery
Amir Wakeel Butt (Querist) 17 March 2011
does that mean if a person fraudulently misrepresents that he is an owner of a property and executes an agreement to sell regarding that property is not forgery.
prashant pundhir (Expert) 17 March 2011
IF for the purpose he do changes or make false documents, then it will come in defination of forgery u/s 463ipc .Just the misinterpretation only is does not forgery . However the crime comes under the defination of cheating i.eu/s420ipc as he did agreement knowing that he is not owner of property and does not have any right to make any agreement regarding that .
adv. rajeev ( rajoo ) (Expert) 17 March 2011
It is a cheating.
Amir Wakeel Butt (Querist) 17 March 2011
I want u 2 c tht illustration 2 explanation 1 of making a false doc which says tht a person who initially sells his land 2 x then afterwards sells the same land 2 y has committed forgery as he fraudulently misrepresented as owner of tht land wh he had already sold and entered into another sale transaction regarding the same land


RAJU O.F., (Expert) 19 March 2011
The issue in question does not amount to forgery.
Sri Vijayan.A (Expert) 19 March 2011
I agree with experts, this is nothing but cheating and not forgery


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