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Lawyers exempt from prosecution in Gujarat sale deed fraud
The initial notification, dated March 7, had stipulated that if property deeds were found to be fraudulent, prosecution could extend to both parties involved in the sale deed as well as the advocate responsible for its preparation.
However, in the latest circular issued, the department clarified that advocates who prepare such deeds would not be subject to prosecution.
The Anjar Bar Association penned a letter to the Bar Council of Gujarat (BCG), expressing its dissatisfaction with the notification. The association deemed the clause pertaining to the prosecution of advocates involved in drafting sale deeds unacceptable. Consequently, they urged the BCG to intervene and address the matter with the state government.
The circular previously issued by the office of the inspector general of registration and superintendent of stamps, which asserted that advocates involved in drafting sale deeds could face prosecution in cases of fraudulent execution, has been revised. The revision, made earlier this month, indicated that the department had reconsidered its stance. Instead of holding advocates accountable for fraudulent sale deeds, the department issued a fresh circular, amending its previous position. The initial notification, dated March 7, had stipulated that if property deeds were found to be fraudulent, prosecution could extend to both parties involved in the sale deed as well as the advocate responsible for its preparation. However, in the latest circular issued, the department clarified that advocates who prepare such deeds would not be subject to prosecution. The Anjar Bar Association penned a letter to the Bar Council of Gujarat (BCG), expressing its dissatisfaction with the notification. The association deemed the clause pertaining to the prosecution of advocates involved in drafting sale deeds unacceptable. Consequently, they urged the BCG to intervene and address the matter with the state government.