1) file application for perjury against X under section 340 cr pc read with section 191, 193 of IPC

2) Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. However, action against making a false statement should be initiated during the trial itself, and not at the end of it which may take a long time

3) (2004)7 SCC 166 para 13

“As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the Courts to deter a litigant from abusing the process of Court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case…”

4) chances of gift deed being anulled are weak

5) court would make donee party to the suit only if donee has been added as party to the suit

6) partition suit would be stopped

7) you can exercise right of pre emption

8) you dont have any rights in property during your mother lifetime

1. If Mr. X has filed false statements before court on affidavit then he is considered to have perjured.

A perjury action can be initiated agaisnt him for giving false statement on oath before court.

2. Since you came to know about the gift deed now only, you need not be bothered about the same, if at all the done has any claim on the basis of gift deed with him, let him approach court with a suit seeking declaration of title on his name which can then be challenged.

3. If it is known that there is one more party involved in this property, then he should be impleaded as necessary party to the suit, but since your father has not defended himself on that ground, you need not be bothered about that situation and even dont inform court about this gift deed, let the case go on in the original manner and the court pass decree and judgment, the affected party will run to court seeking relief and remedy after which you can challenge the same.

4. It is for the donee to decide because he has kept silent throughout the proceedings, so wait and watch what he does.

5. The court will not make the donee as necessary party to the suit on its own, he has to file a petition to implead himself as necessary party.

Pre-emption rights cannot be discussed in the partition suit.

6. Nobody has any right in the properties during the lifetime of they both.

Hence you cannot do anything about it nor your brother.

1. The property was owned jointly by your parents. Your father has gifted the ground floor, of which he was in possession, to a stranger. The gift executed by him is not illegal unless there was an injunction ordered by a civil court against him. However, your father can be prosecuted under Section 340 CrPC for making a false statement on oath in the court as he misrepresented himself as the co-owner even though he had gifted his share.

2. The gift deed can be challenged only if the property has been gifted by him beyond his lawful share i.e 50%.

3. The donee can file an application for being impleaded as a defendant in the partition suit as he is now entitled to the possession of the property gifted to him.

4. You can buy out the share of the donee only with his consent.

5. You have no share in the share of your mother during her lifetime.

1. The gift deed registered by Mr.X in the year 2009 transferring the title of the ground floor is invalid since he is not the sole owner of the ground floor which is jointly held by him and his wife. No criminal action lies aasint him since he is still the joint owner of the said property which is being partitioned by metes and bounds by the Court appointed commissioner.

2. If the commissioner allots any part of the ground floor to your mother then the said gift deed becomes unenforceable and the said gift deed is invalid otherwise also for reasons described above. You can file a suit challenging the validity of the said gift deed before the Court or law.

3. The gift deed is invalid since when the gift deed transferring the ground floor was registered by Mr.X, he was not the sole owner of the said gifted ground floor and he can not legally gift the property which is also co-owned by his wife. The donee will not come to the picture at all at this stage and you can not stall the partition suit filed by your mother.

4. The donee can claim the title of the ground floor which you shall have to contest fittingly on the grounds mentioned above.

5. The said gift deed is invalid. So, the question of making the stranger a party does not arise at all. Challenge the said gift deed first to get it declared as invalid by the court. However, pre-emption takes place in case of sale of jointly held dwelling house. In the instant case, the floors occupied by the two are different for which the question of breach of privacy will not arise at all which is the main reason for pre-emption of jointly occupied dwelling house.

6. The property is jointly held by your parents who are alive for which you have not right on the said property during their life time. You can challenge the validity of the gift deed on the grounds mentioned above.

7. You shall have to apply before the court seeking justice in ncase your father had tortured you earlier. there is no scope to settle score with him in the instant matter.