Legal Question in Criminal Law in India

Hi experts,

I am in a very tricky situation. Actually, around 10 years back my father registered sale deeds in favor of his 6 sons including myself through power of attorneys of 4 people in whose name the land originally was.

I actually signed as a witness in those registered POAs that my father got from the 4 people. These four people are related to us. Now it has come to my notice that 2 of the POAs were not given by the actual persons but my father got some other persons to pretend on their behalf and I signed as a witness without verifying. I just went in at the last moment and believing my father signed as a witness.

Now one of the 2 people are dead. The other one does not want anything to do with the property. But one of my brothers is threatening me that he will get me sent to jail by complaining that I was the witness in forgery. The equal amount was registered in the name of this threatening brother as mine.

My father is now very old. I just want to know if I can go to jail for this. I just believed my father at that time. Also the actual person who initially owned the land has no problems. This brother is threatening me for personal vengeance.

Please advise on how I can best defend myself. In hindsight I should have first verified before signing but the mistake has now been committed. Will the witness (in this case myself) be also accused of forgery if this brother files complaint.


Asked on 7/27/12, 5:22 pm

2 Answers from Attorneys

Vishwa Arya Arya & Co.

If the executant says that he had signed the POA, then your brother has no complaint.

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Answered on 7/28/12, 10:33 pm
Shrichand Nahar S.V.Nahar, Advocate

Generally, witness may not be liable.

However, actual defence or line of action can be decided upon reading the complaint/FIR.

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Answered on 8/29/12, 11:00 pm


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