Buyer Not Criminally Liable if Property Linked to Forged Will: Supreme Court

The Supreme Court quashed a 20-year-old forgery case against a property purchaser, ruling that a buyer cannot be prosecuted for cheating or forgery simply because a property is later linked to a disputed Will.

A bench of Justices Vikram Nath and Sandeep Mehta found no evidence that the appellant participated in or knew about the alleged fabrication of the 1988 Will.

The Court observed that if a Will is forged, the purchasers are the affected parties whose rights become uncertain.

The Court held that continuing criminal proceedings without proof of deceptive intent would constitute an abuse of the legal process.

[S. Anand v. State of Tamil Nadu & Anr.]