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Altering legal document

(Querist) 09 March 2017 This query is : Resolved 
After a sale agreement is signed by both the parties and later the buyer intentionally modify one of the clause of the agreement by adding a handwritten line behind that clause for his benefit without the consent of the seller.

Will this act be considered a fraudulent act or criminal act.
Kishor Mehta (Expert) 10 March 2017
Sir,
(1) If the sale deed is registered no additions are legal;
(2) In case of an unregistered deed, the additional writings have to be countersigned by all the parties to the sale deed.
Good luck,
Kishor Mehta
Adv. Yogen Kakade (Expert) 10 March 2017
Get the certified copy of the Sale deed from the sub-registrar's office to check whether the correction has been done before the registration or after. And the clause of correction need to be seen before coming to conclusion. Generally, in few cases just before the registration of a deed few changes can be added in writing but it has to be signed by both the parties before registration.
Rajendra K Goyal (Expert) 10 March 2017
Agree with the expert Kishor Mehta.
Guest (Expert) 10 March 2017
Agreed with Madam RK goyal
Sashi Kumar (Querist) 10 March 2017
The agreement was not registered.

The original clause was:
That in case the first party backs out from this transaction then the first party is liable to refund the double amount of earnest money to the second party and in case the second party backs out from this transaction then his paid amount of earnest money shall be forfeited by the first party.

The buyer added a handwritten line after this clause saying:
The second party shall have right to get specific performance through court of law.

This line was added without sellers consent or approval. There is no signatures next to this added line.
adv.bharat @ PUNE (Expert) 11 March 2017
The act not amount to fraud since document is not registered.
Sashi Kumar (Querist) 14 March 2017
So if it is not fraud then under what section can a complaint be filed for altering a legal document without other party consent.


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