sansriraj (GOVT) 26 March 2011

Consequences of filing fals afidavit before Housing organisa

To, All the Learned Members of the Forum,

My colleague owns a flat in a city. In response to an advertisement released for inviting application for allotment of house in the same city by some housing organization, , he deposed vide an affidavit on Rs.10/- non judicial stamp paper, before that housing organization, that he does not own any house in the city. This fact was known to one of our another colleague. He is saying that furnishing of false affidavit, at any place, is a crime punishable under prevailing laws of the land and he will take suitable action against my colleague in the matter.

With this post I most humbly request the Learned Members to kindly inform the true legal position in this respect , the penal action(s) which may be initiated against my colleague by the other colleague and line of defense available to my colleague.

With kind personal regards to all the Learned Membars

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2 Replies

Kiran Kumar (Lawyer) 26 March 2011

following is the provision of Indian Penal Code:

181. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation Whoever, being legally bound by an oath 1[or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 1[or affirmation], makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either descripttion for a term which may extend to three years, and shall also be liable to fine.

in addition there must be some provision for cancellation of allotment if provided by the rules.

sansriraj (GOVT) 27 March 2011

Learned Shri Kiran Kumar ji.

I am grateful to you for the invaluable time spent by you in attending to my query. Since I do not have a legal knowledge, in the instant case, is it the housing organisation which will be considered as public authority or the Oath Commissioner/Notary in front of whom the affidavit was deemed to be deposed/sworned. Further, who will initiate the action against my colleague and whether any defence is available to my colleague.

With very kind ragards