Please let us know what is the process to file the case against my sister in law? Hope below details shall help you'll to suggest appropriately: 1. My in laws has two kids, a son; my husband and a daughter 2. My SIL (sister in law) stays in US since more then 15 years now (however not yet got the green card) and she visits India once in 2 to 3 year for personal reasons solely 2. She has a daughter born in US 3. She has had faced two cases against employers in US and lost both the cases 4. Due to the background she started all possible means to manage to convince parents to make a gift in her favor 5. My mother in law a patient of mental illness and has been under the treatment since more than 5 years 6. My FIL is a retired person 7. We all have bought a house in 2004 (contribution by FIL, SIL and my husband( have proof of bank statement a house registration receipt contribution) in the name of my MIL and FIL 8. Gift deed was done in 2016 and we came to know about this last month only Please suggest, can we file a FIR for cheating us by getting the gift deed without our knowledge by taking the advantage of the mental sickness of mother (Alzheimer; she forgets things). Please guide us with the steps to proceed ahead.
1. Well,a person having insanity of mind can not contract and hence the gift deed done by the MIL is not enforceable in the eye of law.
2.So on this ground your husband can file a suit for declaration the said deed as null and void.
3. Once the gift deed is set aside all have equal share in it along with your husband.
4. However of your FIL has also made the gift deed the same can not be set aside.
1)your husband has to file suit to set aside gift deed on grounds that mother is not of sound mind
2) enclose documentary evidence that mother is suffering from mental illness
3) mention that mother and father were forced to execute gift deed by his sister
4) no need to file criminal case against his sister
1. The title to a property originates and flows from the title deed i,e sale deed thereof irrespective of at whose instance the sale consideration moved. Admittedly, the property was registered jointly in favour of your both in-laws, thereby joint ownership vested in them. Consequently, they were at liberty to alienate/bequeath/gift their self acquired property in the manner they desired. The title holder has an indefeasible right to discriminate among his legal heirs at the time of making a division/alienation of his self acquired property.
2. The gift deed results in an instantaneous transfer of title from donor to donee. So the title has now transferred to your SIL if the gift deed has been executed according to law. There is no inducement, much less cheating.
Yes, this is a valid ground for filing an FIR, you just write the facts as a complaint and give it to the concerned police station, police will book the person under the relevant sections and not just Cheating.
Regards
A house which was jointly owned by all of you, could not have been gifted unilaterally either by not MIL of FIR in favour of your SIL. One can only transfer his/her absolute share in a property.
If your MIL was suffering from Alzheimer at the time of executing this gift deed, you can challenge this gift deed and seek its cancellation on the ground that MIL was not of sound mind at time of execution of gift deed.
FIR would really be helpful. File a suit for cancellation of the gift deed and seek an injunction against your SIL from creating third party rights.
The property is registered on your parents in laws' name hence they are the absolute owners of the property though your husband would have funded for the purchase of property.
The criminal complaint before police agaisnt yor sister in law is not maintainable in law because your husband has no rights in the property legally hence the transfer of property by executing a registered gift deed by your parents in law in favor of your sister in law is very much valid and legal and cannot be challenged or any challenge is not sustainable.
If your mother in law is suffering from mental illness or is mentally challenged then with the substantial medical proof or documentary evidence, your husband can challenge ther transfer of her share of property by this gift and the suit for cancellation of the said gift deed can be filed in the capacity of court appointed guardian and not otherwise.
The right person to be appointed as guardian to her shall be your father in law and not yor husband and also he has to first file a petition before court to declare as mentally challenged person and then he can file a petition for appointment of court guardian for taking care of the properties on her name. In that capacity the transfer of property in which the mentally ill person is having interests shall be challenged through a court of law.
This is the position of law, any deviation to this procedure may not fetch any desired or fruitful result.
Highly appreciate you all for helping me out to seek the justice! What I understood with respect to next plan of action could be as below: 1. Under section 415 of the IPC, we can file the FIR for Cheating as my SIL has dishonestly induces her parents to dispose their property only on her name by means of Gift Deed 2. We can mention in our complaint: (Pl suggest) a. She has induced, mis-guided and encouraged falsely a psychologically unstable person; we have a proof that my MIL is a patient of a psychiatrist from 2005 until now for the gift deed for personal benefit without keeping informed all the valid legal heirs. (If she would have no mal-intensions she could have informed her brother about the intensions of her parent’s “Wilfully decision” as she defends since she was in touch with her brother via. Phone, WhatsApp, Facebook etc.). This factually confirms that act was not a wilful and was prejudiced due to constant brain-washing regularly. b. Her constant interferences and brain-wash had forced them to do a gift deed, which other-wise wouldn’t have ordinarily done, since my FIL always used to mention that I’ll definitely share his property between his both the children. c. She has many a time threaten her brother over the phone and WhatsApp. (we have saved few such conversations) d. Recently, two months back she has forcefully and wrongfully with the help of few helpers throwing out our belongings, removing our bed, suitcases etc. out of the house without our notice. (Can you suggest an appropriate section for this unlawful act? (This incident was reported to police and we have lodge a NC; don’t know why they didn’t file the FIR? Despite our request for the same, we did share the Video live recording of all the helpers who’re removing our belongings… ) e. She had created a group on WhatsApp with an unknown person and included my husband to distress him. We have saved the conversions and left the group informing her that this act of her is completely illegal and intrudes upon the privacy and also may breach the cyber-law by sharing details over the social media. f. Since mother having unstable and unsound status of mind hence technically the any as such contract / the gift deed done by the MIL shouldn’t be enforceable in the eye of law hence the said deed should be declared as null and void and set it aside. Beside filing the FIR under section 415, what is the process to challenge this gift deed and seek its cancellation on the ground that MIL was not of sound mind at time of execution of gift deed? Where to file the petition/case? What would be court fee for such petition? In how many days such hearing begins? Many thanks in advance.
Sir,
you can not file an FIR under particular section, your duty is to write a complaint and give it to the police, the police after doing preliminary inquiry will lode an FIR under appropriate sections.
You can challenge the gift deed on the ground that the executor was mentally incapable. court fee depends on the value of the land, some local lawyer might help you with the same. case will be heard on first day and then notice will be issued to the opposite party. It usually takes 4-5 years, though you can take an interim order on an earlier date.
Regards
Your husband has to file suit to set aside gift deed on ground that mother was not of sound mind at time of execution of gift deed
2) suit has to be filed in HC or district court depending upon market value of the property
3) if value of property is more than one crore suit has to be filed in HC
4) court fees depend upon market value of property
5) your husband can seek injunction restraining sister from selling th property pending hearing and final disposal of suit
1. I differ with other esteemed colleagues on the portal. There is no cheating unless there is evidence of inducement or fraud. If at all police even lodges such a lame FIR it will not withstand the scrutiny of the HC under section 482 Cr.P.C.
2. If you have evidence to prove the inducement then file a suit for declaration of the gift deed as void and illegal.
1. No case under section 415 is maintainable in this situation.
2. No such case is maintainable, the law has no answer to your imaginations, you have to have substantial documentary evidence to prove your this blatant allegations.
The daily or routine incidences cannot be concluding evidence even for the sake of fling a case.
In my opinion you may have to look for concrete evidence other than the petty incidents for taking up the matte legally.
During the lifetime of your mother in law you canot file any such case to declare the gift deed as invalid, it will not be possible for you to prove that your mother in law was mentally challenged.