• My property is fraudulently registered to my father by my brother

Hi I purchased a 20 acres farmland in 2007, Now (June 2018) I checked online and surprised to see the land is in my Father's name, It says it was gifted to my father in 2009, Seems like
My property is fraudulently registered to my Father by my brother. Signatures in and photos and thumb impressions are not mine. I am NRI i am not in India in 2009. 

My father recently passed away. What are my options to rollback this registration?
Asked 1 year ago in Property Law from United Kingdom
Religion: Hindu

1) you have to file suit to set aside fraudulent transfer of property in father name

2) take the plea that fraud was discovered recently

3) that your signatures have been forged

4) since your father is dead you have to make father legal heirs party to suit proceedings

Ajay Sethi
Advocate, Mumbai
65543 Answers
3967 Consultations

5.0 on 5.0

Hello,

Immediately report this incident to the police and send somebody to the tehsildar/sdm office to take out a history of land transactions over a period of 12 years.also land records must be inspected.

Regards

Rahul Mishra
Advocate, Lucknow
4125 Answers
11 Consultations

5.0 on 5.0

Please firstly clarify was the property registered in your name if so firstly lodge a police complaint against your brother.And concerned sub registrar for fraud and cheating, impersonation.

Secondly file a suit for declaration to declare you as real owner of property and to declare the gift to your father as illegal. Also restrain your brother from selling the property.

Swarnarka Chowdhury
Advocate, Mysore
1754 Answers
4 Consultations

5.0 on 5.0

Dear Client,

Your Property will go in the name of you and your brothers and sisters and mother. You have to convince them to transfer the property to you. By any way, you have to convince them as far as possible before they become greedy.

Jaswant Singh
Advocate, Gurugram
429 Answers
1 Consultation

4.8 on 5.0

This is my response to you:

1. Since it is at belated stage and you have reasons to believe that it is genuinely to be your property then you must file suit in the court;

2. The period of limitation is 12 years to file a suit, so you are well within the limitation period;

3. You will need to file a suit for wrongful transfer of property and the fraud committed on your documents and property records. You will also require to get a stay order against the sale of the property and injunction order against your brother;

4. Engage services of a lawyer to help you assist with the documents from the registrar and collector office;

5. You will also need to file a police complaint to the police station under 420 and forgery sections of the IPC;

6. You will then need to contest the matter against your brother or whosoever is staking his/her claim on your property;

7. If there are disputes regarding NRI holding property, please read this government website link: http://www.mea.gov.in/property-related-matters-of-nri-oci.htm

Gowaal Padavi
Advocate, Mumbai
1797 Answers
2 Consultations

5.0 on 5.0

1. If you have a valid tittle deed then any subsequent transfer without your consent is illegal.

2 Now as it appears your signature was forged and impersonation of your presence also occurred.

3. So once ti so done you can not keep silent.

4. So if you are in abroad lodge complaint through e-mail showing your title deed in support of your contention.

5. Thereafter once you come to India you can take this complaint.

6. Apart form the criminal case you need to file civil suit for declaration as well.

Devajyoti Barman
Advocate, Kolkata
17497 Answers
248 Consultations

5.0 on 5.0

File FIR against fraudulent transfer.

Yogendra Singh Rajawat
Advocate, Jaipur
12325 Answers
13 Consultations

4.6 on 5.0

You have two options for the case and you have to exercise both:

1. File a criminal case on the brother. You just have to show that you were not present and the signatures are taken fraudulently. This act of your brother constitute several offences including forgery, cheating, 420 IPC etc. This will make your brother liable for punishment.

2. File a civil case challenging the said document. You just have to base your civil case on the basis of your criminal complaint stating that how the signatures have been faked as you were not physically present and this whole transaction will be declared illegal by the Court.

Please make sure that you file a criminal case immediately.

Harpreet Singh Hora
Advocate, Delhi
31 Answers

Not rated

You can file a case for cancellation of sale deed/ gift deed. You can also register a FIR against the persons involved in the act under section 406/467/468/420/34/120B IPC.

The matter for cancelation will be filed in civil court for permanent injunction along with temporary injunction, declaration and cancellation of gift deed/sale deed(as the case may be).

Grounds which will help you:

1. That your gift deed is not entered by you and it is not out of free will.

2. That the gift deed is done by fraud using forged documents and signatures.

3. That you the donnee wasn’t aware of the same when the gift deed was executed. As it was a matter amoungnst your family members, you being a NRI didn’t even try to check on your property documents.

4. After death of your father you came to know about all this forgery and fraud committed against you.

You should file a criminal complaint against the proposed accused persons and also a civil suit for getting the property back. You need to litigate for getting your property back.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Hello,

Challenge the sale proceeds by means of which property was transferred to father. Since there can not be any suit against a dead person you will have to get it annulled on the ground that the transfer has not been done by you.

Regards

Anilesh Tewari
Advocate, New Delhi
16761 Answers
254 Consultations

5.0 on 5.0

File a suit for declaration against your brother to the effect that you are the owner of 20 acres of farm land by virtue of sale deed executed in 2007 but surprised to see the land in my father's name gifted by me to my father in 2009 whereas the gift deed does not bear my signatures and photos. The Gift Deed is a forged document and executed by your brother fraudulently in favour of my father. The Gift Deed may be declared void.

You have not mentioned that who is in possession of the farmland. Contact a local lawyer who will draft the plaint. Obtain stay from the court for not creating further third party interest over the land. You have a good case and wish you success in the case.

Dalip Singh
Advocate, New Delhi
458 Answers
8 Consultations

4.9 on 5.0

1) You have to immediately file a case agInst your brother for fraud and misrepresentation under Indian Contract Act.

2) Check all details of the paper the registered documents etc.

Ganesh Kadam
Advocate, Pune
7120 Answers
61 Consultations

4.9 on 5.0

Get this done on immediate basis.

Ganesh Kadam
Advocate, Pune
7120 Answers
61 Consultations

4.9 on 5.0

Immediately file a police complaint against your brother and file a suit to set aside fraudulent transfer of property in father's name.

Better would be to have a detailed discussion as inception of property documents is required.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
204 Answers
1 Consultation

4.0 on 5.0

Firslty, when you are not in India since 2009 then there is no question of gifting the same to anyone.

Secondly, though there are chances as at that time they have used POA or GPA or SPA by using forging the signatures.

Thirdly, now the practice of GPA etc has been stopped by Supreme Court but not at that time.

Fourhtly, you please file a suit in India for declaration and cancellation of that gift deed, and also ask for FSL.

Sanjay Baniwal
Advocate, South Delhi
4787 Answers
11 Consultations

5.0 on 5.0

First of all was there any power of attorney with the brother, if not then you have to file a suit to cancel the fraudulent transfer if you were not present and your brother sold your land then it is not valid sale.

You have to file before civil court for cancellation of the gift deed. Further present the fund transfer receipts and other documents before the court, further if no POA given it will be in your case easy to show it was fraud committed by your brother as you were not present in India. He can also be criminally charged for it.

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

You can file Suit for declaration, possession, injunction on the premises that the transaction is a Benami transaction. The real ownership is vested in you and take a plea that the name of your father was Benami due to fraudulent transfer. The suit will fall under the exception contained in Section 4(3)(b) of the Benami Act. Go by dictum

C. Gangacharan V.C Narayanan, 2000 (1) SCC 459 AND P.V Sankara Kurup Vs. Leelavathy Nambiar 1994(6) SCC 68. In C. Gangacharan V.C Narayanan, 2000 (1) SCC 459, the owner had given money for the property to be purchased under his name, however the moneys were in fraud utilized to get the property purchased in the name of defendants in that Suit. In the case of P.V Sankara Kurup Vs. Leelavathy Nambiar 1994(6) SCC 68, also the obvious fraud which was perpetrated was that the property was to be purchased in the name of plaintiff by his attorney holder and which the defendants did not do and instead got the property purchased directly in their name.

Harmeet Singh
Advocate, New Delhi
1 Answer

Not rated

1. It seems that a gift deed has been forged by your brother and father.

2. You should immediately engage a lawyer in India to file a civil suit for declaration to declare the gift deed as illegal an also seek a declaration of your own title. Apart from this, a criminal complaint case for the offence of cheating, criminal breach of trust and forgery under Sections 406, 420, 467, 468 and 471 IPC should also be filed.

3. Only the civil court can declare you the title holder of the property.

Ashish Davessar
Advocate, Jaipur
26119 Answers
775 Consultations

5.0 on 5.0

1. You will have to file a suit to challenge the gift deed in favour of your father and get it cancelled

2. You can also seek a declaration from court that you are absolute owner of this property

Yusuf Rampurawala
Advocate, Mumbai
4334 Answers
23 Consultations

5.0 on 5.0

1. Lodge a police complaint immediately against your brother and also the witnesses of the said gift deed. for registering a fake gift deed by faking your signature thereupon. Send copy of the said police complaint to the concerned S.P./D.C after 7 days of sending the said police complaint to your local police station.

2. If the police refuses to register FIR based on your said complaint, file a writ Petition before the High Court praying for a direction upon the police ton reghister FIR, investigate and act as per law based on your said complaint.

3. In the said Writ Petition, also make the Registrar a party and pray for a direction upon the Registrar to cancel the said fictitious Gift Deed.

4. You can also file a declaratory suit praying for declaration that the said gift deed registered with your forged signature and photograph of dome other person is invalid with a direction upon the Registrar to cancel the said gift deed.

Krishna Kishore Ganguly
Advocate, Kolkata
22366 Answers
587 Consultations

5.0 on 5.0

You can very well take possession of property and arrange for transfer of records to your name in the revenue department

Let there be an objection on this, then you can initiate suit for declaring your title and cancellation of the said gift deed.

T Kalaiselvan
Advocate, Vellore
55388 Answers
674 Consultations

5.0 on 5.0

You should immediately file of criminal complaint against your brother criminal breach of trust cheating and forgery under section 406/420 /467 of the Indian Penal Code as it is quite evident that the set gift deed was executed by way of your forged signatures and as such, is a criminal offence.

You should also mention the fact that this information came to your knowledge only a few days ago while checking online.

You will also have to approach civil court by filing a suit for declaration, cancellation of gift deed and permanent and mandatory injunction, with interim relief of injunction against your brother or his agents from alienating the suit property.

Regards.

Siddharth Jain
Advocate, New Delhi
4631 Answers
50 Consultations

5.0 on 5.0

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