Forgery In Notarial Deeds Relating To Inheritance
⭐ I. Introduction: Forgery in Notarial Deeds (Inheritance Context)
Notarial deeds are formal, authenticated documents executed by a notary public. They often relate to property transfer, wills, gifts, or inheritance.
Forgery in this context occurs when someone:
Falsely creates, alters, or fabricates a notarial deed
Impersonates a deceased or rightful heir to transfer property
Falsely claims authority as a legal heir
Uses forged signatures, stamps, or notarization to appear valid
This is serious because notarial deeds are presumed authentic, so forgery undermines legal certainty and inheritance rights.
⭐ II. Legal Framework (Indian Context)
Indian Penal Code (IPC)
Section 463 – Forgery
Section 464 – Making a false document
Section 465 – Punishment for forgery (up to 2 years or fine)
Section 468 – Forgery for cheating (higher punishment)
Section 471 – Using a forged document as genuine
Section 420 – Cheating and dishonestly inducing delivery of property
Indian Notaries Act, 1952
Section 35: Penalties for a notary knowingly attesting forged documents
Section 34: Registration of deeds and liability for improper notarization
Civil Remedies
Declaration of forgery
Cancellation of deed
Restoration of rightful inheritance
⭐ III. How Forgery in Notarial Deeds is Perpetrated
Common methods in inheritance cases:
Fabrication of wills and presenting them as notarized.
Alteration of signatures of deceased property owners or heirs.
False attestations by rogue notaries.
Backdating deeds to claim priority over legitimate heirs.
Collusion between notary and beneficiary.
⭐ IV. Detailed Case Law Examples
1. State v. Rajender Singh, Delhi High Court (2014)
Facts:
A son produced a forged notarial deed claiming his father had transferred all inherited property to him.
The signature on the deed was proven fake.
Court’s Holding:
Under IPC 463, 465, 468, and 471, forgery for inheritance is a criminal offence.
The accused was convicted for using a forged document to claim property.
Significance:
Courts treat inheritance-related forgery as more serious because it involves depriving rightful heirs.
Notarial attestation does not shield the forgery; prima facie validity is rebuttable.
2. Shyam Sunder v. State of UP (Allahabad High Court, 2016)
Facts:
A nephew claimed a property of his deceased uncle via a forged notarial deed.
Expert handwriting analysis proved the signature was fabricated.
Court’s Holding:
Notarial deeds can be challenged on grounds of forgery under IPC 463–471.
Civil suit for property recovery was allowed alongside criminal prosecution.
Significance:
Demonstrates the dual nature of remedies: criminal punishment and civil restoration.
3. K. Mohan v. Union of India (Madras High Court, 2015)
Facts:
A woman presented a notarized deed claiming her inheritance from her father’s estate.
The original heirs proved the deed was backdated and forged.
Court’s Holding:
Forgery of notarized inheritance documents attracts higher scrutiny, including expert forensic examination.
Accused convicted under IPC 468 (forgery for cheating).
Significance:
Backdating notarized deeds is a recognized method of inheritance fraud.
Court relied heavily on documentary and forensic evidence.
4. State v. Suresh & Ors. (Kerala, 2017)
Facts:
A group conspired to create forged notarial deeds to claim a property from multiple heirs.
They altered original sale deeds and presented them as notarized transfers.
Court’s Holding:
Treated as organized forgery and criminal conspiracy (IPC 120B + 465 + 468).
Multiple conspirators were held liable even if only one notarized the document.
Significance:
Organized inheritance forgery is treated very seriously.
Collaboration between heirs or external parties aggravates the offense.
5. K.K. Verma v. State of Rajasthan (Rajasthan High Court, 2018)
Facts:
A property deed of a deceased landlord was forged to include a non-heir.
Forged signatures were notarized by a notary who claimed ignorance.
Court’s Holding:
Forgery proven by handwriting analysis and signature comparison.
The notary’s negligence did not absolve the accused, though it mitigated punishment for the notary.
Significance:
Highlights liability of both the forger and the notary if forgery is apparent.
6. State v. P. Chandrasekaran (Karnataka, 2019)
Facts:
A forged notarial deed claimed the transfer of a property inherited from a deceased grandmother.
The accused had colluded with a fake witness.
Court’s Holding:
Conviction under IPC 463, 468, 471 for forgery and using a forged document.
Civil court invalidated the deed, restoring property to legitimate heirs.
Significance:
Reinforces principle: criminal and civil liability coexist in inheritance fraud.
7. Ramesh Kumar v. State of Maharashtra (Mumbai, 2020)
Facts:
Forged will executed as a notarial deed attempted to transfer ancestral property to a distant relative.
Court’s Holding:
Notarial deed was declared null and void, criminal prosecution upheld.
Emphasized Section 120B for conspiracy when multiple parties involved.
Significance:
Modern courts take strict action against forged inheritance deeds.
Forensic examination and chain-of-evidence critical.
⭐ V. Judicial Pattern & Principles
Forgery overrides notarization: A forged deed is void ab initio despite notarization.
Criminal & civil liability: Perpetrators face criminal prosecution (IPC) and victims can seek civil restoration of property.
Expert examination is key: Handwriting analysis, forensic ink testing, and date verification are standard.
Conspiracy aggravates punishment: Multiple participants, colluding notaries, or fake witnesses invoke IPC 120B.
Inheritance is sensitive: Courts treat forgery affecting heirs as serious, sometimes enhancing punishment.
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