Asha Kiran Sharma Shares Insights with ET Wealth on Supreme Court Ruling Protecting Bona Fide Property Buyers

In a recent ET Wealth article, Asha Kiran Sharma shared her views on a significant Supreme Court judgment holding that a bona fide purchaser cannot be subjected to criminal prosecution merely because the property was purchased on the basis of a Will that was subsequently alleged to be forged.

Commenting on the ruling, Asha explained that the Supreme Court intervened because the allegations against the buyer did not satisfy the essential ingredients required to establish criminal liability. While the Madras High Court had held that the matter involved disputed questions of fact warranting a full trial, the Supreme Court adopted a more rigorous legal approach by examining whether, even if the prosecution’s allegations were accepted in their entirety, any criminal offence was made out against the buyer. The Court found no material connecting the buyer with the alleged forgery or any criminal conspiracy.

Asha further noted that the judgment provides important clarification on the scope of offences such as cheating. She observed that the Supreme Court emphasised that cheating requires fraudulent inducement of the complainant which is an essential element that was completely absent in the present case, as there was no direct dealing between the buyer and the complainant. Importantly, the Court also observed that if the Will was indeed forged, the buyer himself could be regarded as a victim of the fraud rather than a participant in it.

The ruling highlights that criminal liability cannot be inferred merely from participation in a property transaction and reinforces the principle that prosecution must be supported by specific material establishing the requisite criminal intent and involvement of the accused.

Read the full ET Wealth article to learn more about the judgment and its implications for property transactions involving disputed testamentary documents.https://economictimes.indiatimes.com/wealth/legal/will/forged-will-row-buyer-should-not-face-criminal-case-for-purchasing-land-on-the-basis-of-will-which-police-found-to-be-forged-rules-sc/articleshow/132007442.cms

Last Updated on 26 June, 2026