I it a crime to submit False but notorised affedavit?and what is the punishment?
Milind Phope
(Querist) 15 November 2010
This query is : Resolved
Mr.RGP ( my father)prepared an affedavit stating that he has only two members in his family ie: Him and his wife(my mother).He got this affedavit notorised and submmitted in his housing society to sell his plot. He attached with this affedavit,his Ration -Card which says there are 4 members in his family: 1)Himself 2)His wife(my mother) 3)His son (Myself) and 4)His daughter-in-Law.(My Wife) Isn't it a criminal offence ? and if yes,is the prossucation possible?
prakash vathore
(Expert) 15 November 2010
yes it is a criminal offecnce cheating by creating the false document, and punishment will be upto 3 years.
aman kumar
(Expert) 15 November 2010
pls , confirm that they may be displayed you as out of his family by legal means. civil decree or self declaration
Devajyoti Barman
(Expert) 15 November 2010
No. As long as the said affidavit s used in nay court of law no action could be initiated against him for making false statement.
Now if on the basis of that false affidavit your father has made any unlawful gain or caused you damage or cheated you then the action would lie against him for those offences only but not for making false statements alone.
s.subramanian
(Expert) 15 November 2010
Yes. I agree with Mr.Barman.
Guest
(Expert) 15 November 2010
I also agree with my learned friend Mr Devajyoti ji
Sri Vijayan.A
(Expert) 15 November 2010
Yes, it is an offence and penalty depends upon the severity of damage to the other parties.
At the same time, for what purpose he affirmed it so and why he has attached the family card which reveals the name of u and ur wife also to be considered.
In the absence of the intention and content of the affidavit, it is tough to give right opinion
Debasish Hota
(Expert) 16 November 2010
Yes it is a criminal offence . But it attracts Sec.195 and 340 of Cr.P.C.
Advocate. Arunagiri
(Expert) 16 November 2010
It is not at all a criminal case. Please refer s.193 ipc. Any false evidence given during the criminal proceedings is a criminal offense.
Milind Phope
(Querist) 17 November 2010
Thanks to all for replies.It seems that the replies saying "Submmiting false but notorised affidevit is not a crime" are simply allowing the public notory to go ahead to notorise any document without checking the authentic status of the document... Well MERA BHARAT MAHAAN
R.Ramachandran
(Expert) 17 November 2010
Dear Mr. Milind,
There is nothing to get despaired about it. Yes the registering authority or the notory has nothing to do with the contents. Even assuming that he goes through the content, he has no role to play, he cannot question whether the contents are correct or wrong. The notory is only for the purpose that such and such document was signed in his presence and that he notorised it. That is all. I am proud that MERA BHARAT WILL ALWAYS REMAIN MAHAAN.
Milind Phope
(Querist) 18 November 2010
Dear Mr.Ramchandranji, what you say (may be) is right but I have another original document which is notarised by the same notary.On this document the party has not signed anywhere,then how come notary had put the stamp "BEFORE ME" + notary serial no.and signed the said document? what should be the comment on this? please guide me.
R.Ramachandran
(Expert) 18 November 2010
Dear Mr. Milind,
In such a case, you can make a complaint against the Notary to the appropriate Authority and the Notary will be taken to task.
Milind Phope
(Querist) 19 November 2010
R.Ramachandran saheb,
Thank you so much.I wish ,we could meet somewhere , sometime...Till then,I remain,Truly yours,...Milind Phope
