Lawyer makes submissions on behalf of his client
2) no case is maintainable against lawyer
3) as far as builder is concerned if he has fabricated documents then you can file case against the builder for cheating ,using forged documents
BBA doc signature fraud
We purchased Flat from builder in 2021. The builder did not sign the Buyer Builder Agreement (BBA) and took the BBA with only the allottee's signature. In 2021, we filed a case against the builder with UP RERA that builder is not issuing BBA. In 2022, the builder's lawyer uploaded the same BBA in UP rera, still without the builder's signature, containing only the allottee's signature. During the proceedings, the builder changed their lawyer in 2024, and the new lawyer submitted another version of the BBA in 2024, this time with the builder's signature. In addition to our ongoing UP RERA case, can we file a criminal case for cheating or fraud against the builder and their lawyers for showing one rejoinder without builder signature and another one with builder signature? If so, which sections of the Indian Penal Code (IPC), such as Section 420 (cheating), Section 465 (forgery), and Section 471 (using forged documents), would apply? Furthermore, can I file a complaint against the builder's lawyers with the Bar Council of Uttar Pradesh for their actions?
Asked 25 days ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
5 Answers
You can take legal action under criminal law against the builder for the alleged misdeeds and fraudulent acts.
However you may not be able to take any action against hi lawyers because lawyers cannot be held responsible for the information provided by the builder and who acts on behalf of their clients
Dear Client,
Yes, on facts, you can bring an IPC criminal case against the builder for cheating under Section 417 because it is alleged that different BBAs were presented to you, thereby misleading you. Sections 463 (forgery) and 474 (document) are also applicable if it is proved that the builder or his lawyer submitted any documents knowing them to be false, thus forged, or even altered while dealing during the case.
Regarding the builder's lawyers: if you feel they are doing it in bad faith and submitting misleading documents, then you can file a complaint with the Bar Council of Uttar Pradesh under the Advocates Act, 1961, However, you must have enough evidence to support.
Thank you.Hope this answers your query.
If there is the matter of false affidavit or documents filed by the builder, you may file an application of Section 340 CrPC before the RERA. Otherwise, you may proceed to lodge FIR against the builder but not on the issue which is pending before RERA.
Thanks and Regards
Raj Kumar Mishra
Advocate
HC, ALLAHABAD
- Yes, you can file a complaint against the builder for the offence of cheating , but no complaint can be entertained against his lawyer, as he was working on the instruction of the builder.
- You can also file a complaint under section 340 CrPC against the builder as well for giving false information to the court.
