Under the Bharatiya Nyaya Sanhita, 2023, A sells and conveys an estate to Z. A afterwards, in order to…
Illustration (h) to section 335 of the BNS says that executing an antedated conveyance to defeat an earlier purchaser is forgery, and illustration (d) to Explanation 1…
Choose your answer
Under the Bharatiya Nyaya Sanhita, 2023, A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. Which statement is correct?
Answer and explanation
Correct answer B
Illustration (h) to section 335 of the BNS says that executing an antedated conveyance to defeat an earlier purchaser is forgery, and illustration (d) to Explanation 1 likewise treats antedating a lease signed in one's own name as forgery. So "A has committed forgery, though he signed the conveyance in his own name". Explanation 1 states that a man's signature of his own name may amount to forgery, the false date is what makes the document false, and section 322 is about false statements of consideration, not about dates.
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