471 ipc
mohammed imtiaz
(Querist) 01 December 2012
This query is : Resolved
Respected sir/madam,
The AP housing board allotted the house to my grand father on lease cum sale agreement in the year 1973.After his death in the year 1976.All my uncle,aunts and my grand given no objection affidavit,joint concern and succession certificate in my father name.
Than the lease cum sale agreement transfer in the name of my father on the basis of no objection affidavit,joint concern and succession certificate given by all the legal heirs of my grand father in the year 1976.
In the year 1980 there is new lease cum sale agreement made between my father and AP house board.In the lease cum sale agreement there is one column 22 in which the lease provide the detail of the family member with signature.So that the lease should not use this house a part from his family member till the property is fully transfer in his name.
As during that time my father is driver most of the time he will out of station.My uncle take the signature on agreement and in column no 22 he done the forge signature of the family member .
And the year 1982 after making the fully payment the house register in the name of my father from AP house board.
My uncle who done the forge signature in the column 22.Filed the case against my father (u/s 420,468,471 and 506) stating that he cheated all the legal heirs and get the house registered in his name fraudulently .
The court given a conviction under section 471 stating on the basis on lease cum sale agreement the house is transfer in the name of my father as it contain the forge signatures.and withdraw the other section that is 420,468,506.
As we are planning for appeal please suggest in this regards.It true that there is a forge signature in column 22 in lease cum sale but it is done my uncle not by my father.
And the column 22 is only for information of the family member of the lease so that he not sub-let or sale the house till it fully transfer in his name.
I will be thankful to you please suggest in this regards
Raj Kumar Makkad
(Expert) 01 December 2012
It was upon your father to have filed a counter case against your uncle for the similar offence but he did nothing. Even now your father can initiate such action either by way of filing FIR against him or by filing a criminal complaint. Meanwhile in appeal, the stress should be on the point that there was no need for forged signature as column 22 required only the list of the members of the family and the lease or transfer of ownership is not the result of alleged signatures. Even signatures have not been examined. You shall have to contest this appeal and I do hope that your father shall come scotfree.
mohammed imtiaz
(Querist) 04 December 2012
Respected Sir,
if the forge document is used any of the purpose which is mention under section 463 .Than the person is guilty under section 471.
As after allotment of the house in the name of the name father .Than the new lease cum sale agreement in made.In which at column 22 there is a forge signature which is nothing to do with the no objection for transfer the house in the name of my father.it only for the information of the allot tee family member who are dependent on the allottee.
Than who the section 471 is applicable to my father as there is no intention to cheat or get benefit.
Please suggest in this regard
Raj Kumar Makkad
(Expert) 04 December 2012
Intention to commit an offence is very important factor. If there is no such iota of evidence on the file, the punishment is not possible rather the chances of acquittal are bright.
mohammed imtiaz
(Querist) 04 December 2012
is the any citation regarding this .
ajay sethi
(Expert) 04 December 2012
for citation visit indian kanoon website
mohammed imtiaz
(Querist) 04 December 2012
how much time it will take to get the judgement after we go for appeal
ajay sethi
(Expert) 04 December 2012
depends upon pendency of court cases in appellate court .
