Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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P Goverdhan Reddy (Lawyer)     19 October 2014

Validity of sale transactions by forged documents

Sir Namaskar,   I have query with a request u guide me.  

1.    'A'  (hindu)  is the absolute owner of Property.  

2.     A1 to A5 are the legal heirs of the A.  A1 is dead.  A2 to 5 are live.  

3.     Now 'B' (Muslim)  is the forger.   'B'  has made other person as 'A' (hindu) with understanding that he will execute the registered sale deed in favour of 'B'.   B him self managed every thing and he could success in getting execution of registered sale deed in his favour. 

4.     B being the absolute owner, has in turn sold the same to  'C'(Muslim).

5.     C  is being the presend Owner and possessor of the said property, he in turn enterd into oral Agreement of sale with 'D' (Muslim)

6.     D confirming that he is going to get that property registered, had entered into MOU with E (Hindu) for hand loan.

7.     LRs of  original A, ie. A2 has filed a case against the B, for forgery IPC 420, now in pendancy.

8.     Now, interesting is that, Duplicate owner A, is agreed to accept his mistake.  B also ready to surrender on compromise base and agreed to execute a fresh registered sale deed alongwith  LRs of A (A2 to 5) to 'F'.

Here is the question arise,  sir, incase they surrender and execute fresh Sale deed in favour of F,  what about validity of previous deeds of all other transactions, are they null  and void or not ?  (ie. Registered sale deeds to B, C, oral agreement to D, MOu to E.

9.     Now second point,  in case of  LRs of A,   B and C are ready to execute directely a fresh Sale Deed in favour of  F,   in that case what about,  regd sale deed  executed in favour of B by duplicate A,  and B to C.  

10.  since there is a only Oral Agreement between C to D,  but MOU between is in writing D to E.  

Request your highly vaid suggestation pl.  so that poor people can be helped out by solving this.  

with regards to all advisors.  


 2 Replies

V M DAHAKE (PROPRIETOR)     20 October 2014

Dear Sir,

As a settled law / principle, transferer can not pass a better title than what he has. Registration does not remeady a wrong thing. It only shows execution of certain deed, as admitted before registrar. A deed void ab-initio can not become good subsequently, just by change of intention.

adv.raghavan (Advocate,9444674980)     22 October 2014

LR A2 TO A5 have to file declaration suit for cancellation of so called  forged sale deeds. and should get court nod in this regard. If they want to enter compromise in criminal proceedings the same has to be intimated to concerned trail court and on compounding of offence the same can be effected.

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