Supreme Court Protects Property Buyer in Forged Will Case

Recently, the Supreme Court provided relief to a property buyer involved in a criminal case after a police investigation revealed that the land he bought was sold to him on the basis of a forged Will. In this case, the buyer claimed that he was unaware of the seller's wrongdoings and in good faith paid for the land, only to be a victim of fraud.

The seller had conspired with a lawyer and some to create a forged Will, which they used to sell the property. However, once other family members discovered the forgery, they filed a police complaint, leading to an FIR that included the buyer in the criminal case.

On April 21, 2026, the Supreme Court ruled in favour of the buyer, stating that a property acquired through a Will, later found to be forged, does not make the buyer liable for any criminal charges resulting from the fraudulent sale deed executed by the vendor.

Shraddha Nileshwar, Head - Will & Estate Planning at 1 Finance, explained to ET Wealth Online that the Supreme Court held that criminal liability requires proof that the buyer had knowledge of the forgery or actively participated in the conspiracy. Being a downstream beneficiary is not enough. The court found no material linking the buyer to the forged Will and, citing Mohammed Ibrahim v. State of Bihar (2009), reaffirmed that a purchaser cannot be accused of cheating the original title-holder.

Nileshwar says: "If anything, it is the buyer who is defrauded when a seller misrepresents title."

Can a buyer with possession of the property, be evicted because the seller's title is defective and is under dispute?

Nileshwar says that a buyer can't be automatically evicted just because the seller's title to the property turned out to be forged or defective.

A buyer with registered title and physical possession enjoys significant legal protection. Nileshwar says: "Eviction requires a civil court decree after full a trial, and the mere pendency of a criminal case or a title dispute does not entitle anyone to dispossess a registered purchaser."

However, in this Supreme Court case, the complainant never filed a civil suit to cancel the sale deeds, an omission the apex court observed. That said, if a civil court ultimately voids the root title, the buyer's position can unravel.

Nileshwar says: "Possession and registration buy time and legal standing but not permanent immunity if the foundational title is proved fraudulent."

What legal recourse does the buyer have if he has already paid the money to the seller and later the seller's title is proved to be forged?

Nileshwar says that both civil and criminal remedies exist:

Civil

From a civil lens, the buyer can sue the seller for recovery of the amount paid under Section 55(1)(b) of the Transfer of Property Act, which requires a seller to disclose material title defects. Damages and cancellation of the sale deed are also options.

Criminal

In a criminal case, the buyer is actually the defrauded party, as reinforced in the Mohammed Ibrahim judgment, and a complaint for cheating under Section 318(4) of the BNS can be filed against the seller.

That said, these remedies are significantly harder to enforce than they appear. The fraudulent seller typically dissipates the sale proceeds long before the title fraud surfaces, often years or decades later, as in this case.

Some practical tips for property buyers about how they can know if the seller has good title to the property?

Nileshwar shares some practical tips for property buyers:

If seller's title is via a Will, then verify the original Will and not just a photocopy

Inspect the original Will and never a photocopy. A registered Will can be independently verified at the Sub-Registrar's office. Many sellers resist producing originals and that resistance itself should be seen as a red flag.

Commission a forensic document expert if the title chain depends on a Will, comparing the testator's signatures against known records such as bank documents, Aadhaar, or passport.

Nileshwar says: "This step is almost never taken by retail buyers, which is precisely why Will-based fraud persists."

Conduct property title search

Conduct a minimum 30-year title search through a local property lawyer, tracing all transactions and identifying gaps or competing claims. Buyers often rely on the seller's own lawyer, which is a structural conflict of interest. Always engage independent counsel.

Speak to the deceased's family members. An informal conversation can often throw up information on disputes before they become your problem. This is the most underused and most effective tool available to a cautious buyer.

Get encumbrance certificate

Obtain an Encumbrance Certificate as it is essential but limited in its capacity. It captures registered transactions, not unregistered Wills or family disputes. Treat it as necessary, not sufficient.