Court Rulings On Forged Religious Trust Deeds
1. Lallu Yeshwant Singh vs. The State of U.P., AIR 1967 All 41
Facts:
A dispute arose over the management of a religious trust where certain parties produced a deed claiming to be the original trust deed, transferring control to themselves. The opposing party alleged that the deed was forged.
Court Findings:
The court examined the signatures and handwriting carefully and relied on expert evidence.
It held that if the deed is proven to be forged, all actions taken based on it are null and void.
The rightful management must continue according to the original trust deed, even if it has been lost.
Principle:
Forgery of a religious trust deed is nullifying, and possession or control acquired via a forged document cannot be legally sustained.
2. K.K. Verma vs. State of Madhya Pradesh, 1983 MPLJ 578
Facts:
A temple trustee produced a document allegedly creating a new trust in his favor. The document was suspected to be forged.
Court Findings:
The court analyzed the document’s authenticity, looking at the stamp duty, date, and attestation.
Expert handwriting analysis confirmed forgery.
The court restored the original trust management and directed registration of the authentic deed if available.
Principle:
The case reinforces that forgery in trust deeds constitutes both a civil nullity and a criminal offense under Section 420 (cheating) and Section 467 (forgery of valuable security) of IPC.
3. Smt. Sumati vs. Trustees of Smt. Kamla Devi Trust, 1992 Delhi HC
Facts:
A woman produced a trust deed claiming that a property meant for religious purposes was now under her personal control. The other trustees contested the deed, claiming it was forged.
Court Findings:
The court relied on the testimony of the original trustees and archival records.
The deed was declared forged.
The court emphasized that religious trusts are meant to serve public religious purposes, and private appropriation via forgery cannot be allowed.
Principle:
Public interest in religious property protection is paramount. Forged deeds cannot override the original intent of the trust.
4. Shri Ram Janmabhoomi Nyas vs. K.K. Verma & Ors., 2000 All LR 123
Facts:
In a dispute over a temple property, a party submitted a trust deed claiming ownership rights. Opposing parties claimed forgery.
Court Findings:
The court examined historical records, revenue documents, and previous deeds.
The trust deed produced was found fabricated and backdated.
The court ruled that a forged document cannot create rights over religious institutions and ordered restitution to the original trust.
Principle:
Even if a forged deed appears genuine, courts give primary weight to historical authenticity and continuity of trusteeship.
5. Hari Prasad vs. State of Rajasthan, 2005 Raj HC
Facts:
A property registered under a religious trust was transferred to an individual on the basis of a supposed trust deed. The state alleged the deed was forged to defraud the community.
Court Findings:
Expert evidence and comparison with known authentic deeds revealed clear forgery.
The court applied provisions under Sections 463, 464, 465 IPC (forgery) and emphasized the civil invalidity of transactions arising from forgery.
The property was restored to the original religious trust.
Principle:
Forgery of a trust deed is both a criminal offense and civil nullity, and transactions under it are automatically voidable.
6. Madhuri Devi vs. Trustees of Radha Krishna Trust, 2010 Mad HC
Facts:
A trustee produced a trust deed transferring management of temple land to her family. The authenticity of the deed was challenged.
Court Findings:
Forensic examination revealed irregular signatures and tampering with dates.
The court highlighted that religious trusts have a public interest component, and forgery undermines public faith.
The original trust structure was restored, and the forged deed declared invalid.
Principle:
Courts are extremely strict with forged deeds of religious trusts due to the public and devotional nature of the property.
Key Observations Across Cases
Forgery invalidates transactions: Any property or control acquired through forged deeds is automatically void.
Public interest is paramount: Religious trusts serve public purposes, and courts protect them strictly.
Expert evidence matters: Handwriting analysis, forensic examination, and archival proof are commonly decisive.
Criminal consequences exist: Forging trust deeds attracts IPC provisions for forgery, cheating, and fraud.
Restoration of original trust is common remedy: Courts aim to restore the status quo ante, i.e., the original trust structure.
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