I actually asked him to return
money, he gifted his 3 properties to daughter.
Can I complaint under section 420 fraud and 416 for breach for trust? What if police says civil case?
It is indeed a civil case, the police may not be of any help to you, 420 case may not be maintainable.
2) father gifted the assets and filed for insolvency stating he is unable to pay the debts. Father is not dead. IP is pending. Now whether Daughter is liable to pay father debts because she received the assets of father?
The daughter is not liable to pay the debts if this transfer was done before you initiated any legal action for recovery of yor loan amount. Why have you not file a petition for ABJ?
3) File separate suit for injunction against daughter from selling her property. Indicate the agreement in point no 1, father gifted and filed insolvency, daughter received gifts and trying to sell. My lawyer says, daughter did not borrow from me, she is a 3rd party, so court will not grant injunction. Is this true?
The opinion of our lawyer is right.
4) Based on agreement in point no1, pronotes, money suit, IP petition, what case to file to cancel the gift transfer to daughter and attach the properties?
You cannot file any case to cancel the gift deed since you are not party to it.
5) File "set aside" suit under section 53 of TP act to cancel the fraudulent transfer of property to daughter with intent to defeat or delay the creditor, also mention agreement in point no1 My lawyer says: I can file this suit only after getting DECREE from money suite. If I file now, it will be rejected. Is this true?
Section 53 in The Transfer of Property Act, 1882
1[53. Fraudulent transfer.—
(1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed. Nothing in this sub-section shall impair the rights of a transferee in good faith and for consideration. Nothing in this sub-section shall affect any law for the time being in force relating to insolvency. A suit instituted by a creditor (which term includes a decree-holder whether he has or has not applied for execution of his decree) to avoid a transfer on the ground that it has been made with intent to defeat or delay the creditors of the transferor shall be instituted on behalf of, or for the benefit of, all the creditors.
The provisions of law is given above, hence your anxiety has no answer in law.
6) Can I file Declaration suit with injunction to cancel the gift transfer to daughter citing the agreement in point no1 and father filed for insolvency. Is this possible? is this a quick remedy?
Not maintainable.
7. Not maintainable in law.
8) In the gift deed, guideline value of property is declared, not the market value to save 50,000rs in stamp duty of 1% maximum 25k. Should I complaint to the sub-registrar or file a case in court? this will delay their selling process, also new buyer will think think twice to pay 7% stamp duty of around 2.5 Lac
You can do that to disrupt their further process.