One of my client's purchased Agricultural land in Raigad Dist. Maharashtra. Now, the land was purchased in 2006 in the name of my clients wife who is a backward class farmer from Rajapur Dist. Maharashtra.
However, while purchasing the land, obtaining the 7/12 from Rajapur had become difficult & hence they submitted a fake 7/12 in the name of the concerned partie's husband's name as Section 63 of The Bombay Tenancy and Agricultural Lands Act, 1948 prohibits purchase of Agri Land by non farmers. On that basis, the land was duly transferred to my client's wife's name. Thereafter, my client managed to obtain genuine 7/12 from Rajapur Dist. in his wife's name.
However, now, in Feb, 2010 someone has decided to investigate into the matter (Under RTI Act) & my client fears that even though he now holds a genuine 7/12, the person who has sought information under RTI Act may try to invoke the IPC for Forgery of Documents (7/12 in this case) once he finds out about the same.
Now my concern is the following:
1) Can IPC (for forgery) be invoked in this case?
2) If yes, what would be the maximum sentence possible & what would be the likely punishment considering the facts of the case?
3) Can my client claim any defence as to non existence of ulterior motive or malice?
4) Are there any other remedies available to my client?
5) What would be the maximum punishment under the Bombay Tenancy & Agricultural Lands Act, 1948; if any?
