Section 322 of BNS : Section 322: Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.

Explanation using Example

Example 1:

Ravi, a property dealer, convinces Sita to buy a piece of land by showing her a deed that states the land is worth ₹50 lakhs. However, the actual market value of the land is only ₹20 lakhs. Ravi has dishonestly inflated the consideration amount in the deed to make a higher profit. Sita, believing the false statement, agrees to the purchase. In this scenario, Ravi has committed an offense under Section 322 of The Bharatiya Nyaya Sanhita 2023 by executing a deed containing a false statement of consideration.

Example 2:

Anil, who is in financial trouble, decides to transfer his house to his friend Sunil to avoid it being seized by creditors. They create a deed of transfer that states Sunil has paid ₹30 lakhs for the house, but in reality, no money has exchanged hands, and the transfer is only on paper. The deed falsely represents the consideration amount and the true intention behind the transfer. Anil and Sunil have both committed an offense under Section 322 of The Bharatiya Nyaya Sanhita 2023 by being parties to a fraudulent deed.

Example 3:

Priya, a businesswoman, wants to transfer her commercial property to her brother Raj under the guise of a sale to avoid paying higher taxes. They create a deed that states Raj has paid ₹1 crore for the property, but the actual consideration is only ₹50 lakhs. The deed contains a false statement about the consideration amount to deceive tax authorities. Priya and Raj have committed an offense under Section 322 of The Bharatiya Nyaya Sanhita 2023 by executing a deed with a false statement of consideration.

Example 4:

Manoj, a real estate agent, helps his client Ramesh transfer a plot of land to a third party, Shyam. The deed of transfer states that Shyam has paid ₹40 lakhs for the plot, but in reality, Shyam has only paid ₹25 lakhs, and the remaining amount is to be paid in installments. The deed does not mention the installment arrangement and falsely represents the total consideration as ₹40 lakhs. Manoj and Ramesh have committed an offense under Section 322 of The Bharatiya Nyaya Sanhita 2023 by executing a deed with a false statement of consideration.

Example 5:

Geeta, an elderly woman, is persuaded by her nephew, Vikram, to transfer her ancestral property to him. The deed of transfer states that Vikram has paid ₹60 lakhs for the property, but in reality, Vikram has not paid any money, and the transfer is intended to be a gift. The deed contains a false statement about the consideration amount and the true nature of the transfer. Vikram has committed an offense under Section 322 of The Bharatiya Nyaya Sanhita 2023 by executing a deed with a false statement of consideration.