Forgery of signatures in family property disputes on the rise

 

Civil and Syariah lawyer Fatimah Az-Zahra Mohamed Ibrahim said such cases frequently involve significant financial implications, sometimes amounting to millions of ringgit, and often trigger family conflicts. NSTP/HAZREEN MOHAMAD

KUALA LUMPUR: Cases of signature forgery on property management documents are increasing, with most disputes over land, company shares, and hibah (Islamic gift) arising among family members.

Among the methods detected, forgers often copy old documents such as sale-and-purchase agreements. In some cases, even the stamps of Commissioners for Oaths have been falsified using computer software.

Civil and Syariah lawyer Fatimah Az-Zahra Mohamed Ibrahim said her firm frequently handles forgery cases related to commercial documents, including property management, fraud, land ownership disputes, inheritance division, company transactions, wills, and hibah, which often end up in court.

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She said such cases frequently involve significant financial implications, sometimes amounting to millions of ringgit, and often trigger family conflicts.

"Many of these cases arise due to family relationships. When companies are established on trust—among siblings or relatives—problems occur when documents are falsified, such as share transfers or forged signatures, often with everyone acting in good faith.

"As a result, family investors fail to recover their investments. These situations are sensitive because in court, we face our own relatives, including in-laws, parents, or siblings who grew up together. Most cases are often resolved through mediation to prevent more serious rifts," she said.

Sharing her experience handling forgery cases in civil courts and occasionally in Syariah courts, particularly involving hibah documents, Fatimah said some cases occur when the hibah donor is incapacitated or bedridden and unable to carry out the transaction.

"In such situations, questions arise about how the hibah contract can be validly executed. A hibah resembles a marriage contract as it requires verbal ijab and qabul (offer and acceptance), especially when the donor is not legally incapacitated.

"If the donor is unable to verbally perform the contract, the validity of the document is questionable. Syariah courts usually assess the essential elements (rukun) first before accepting forensic evidence," she explained.

She added that while forensic expert reports can be used in Syariah courts, their use is not always mandatory. Judges can often determine the authenticity of documents by focusing on the essential elements rather than technical signature verification.

"If forgery allegations form the primary basis of a party's claim, Syariah courts are open to considering such evidence, subject to the requirements of the case. This aligns with expert opinions adopted in Syariah evidence procedures," she said.

Fatimah noted that legal fees vary depending on the firm engaged, and high costs for expert analysis can be a barrier.

"Each signature specimen referred to a forensic expert can cost several thousand ringgit depending on the case, in addition to other administrative charges. Heirs often face financial constraints in presenting forensic evidence in court. However, if the court deems a document's authenticity questionable, an expert will be summoned to provide clarification," she said. - FMT