I'm living in abroad with my wife and children and I have a property in India which I bought from my mother 16yrs ago through registered sale deed and I'm paying property tax till date which is on my name, I also furthur constructed 2 floors on it five years ago by giving money to my father and I got my name plate on my property. I always let my parents live in my property so that they're not homeless and and I kept electricity and water bills on their name. As I m in abroad my parents and brother's started cheating on me, initially they started illegally mortgaging top floors and took money, then try to sell to land grabbers illegally and when I try to stop their ill intentions by sending them legal notice and news papers add and now my mother has done a gift registry of my property on my father's name by registered gifted deed and my name is in link now on EC. THEY ARE FALSELY SAYING THAT I HAVE GIFTED MY PROPERTY TO MY MOTHER BY ORAL GIFT(No date mention) AND MY BROTHER'S ARE WITNESSING..WHICH I NEVER DID.
Sir firstly you have to file a case cheating and breach of trust against the father mother and the brothers.
Further a suit for cancellation of the registered gift deed, declaring that there was no such oral gift made by you and you are owner of the property and for possession of property.. Along with application for interim stay so that the property is not sold,mortgaged or transferred to third party.
You have to bring an eviction notice your parents and brothers to backup the property and bring history as well or any sale or any other action related to the property which is illegal if you have got that property for sale deed after payment of adequate consideration that property belongs to you but at the same time your parents also if they are senior citizens have right to claim any maintenance from you under the maintenance and welfare of parents and senior citizen act
In case if this property is registered 2u by a gift deed you need to follow the the condition of the gift
1) file suit to set aside gift deed by mother in favour of father
2) deny that any hiba Nama was executed by you
3) file case of cheating , criminal breach of trust against mother , father , brother
File a suit and seek a stay order so that the status quo of this property should be preserved.
Doing above should be your property for which you should connect with a local lawyer.
This is my response to you:
1. At this belated stage you will have to file a suit in the civil court;
2. You will have to claim stay on sale or mortgage and seek injunction orders;
3. If you do not act fast then the period of limitation is running against you;
4. Collect all your evidences, oral or written or audio or video and show them to a lawyer.
File a suit for cancellation of hiba on the basis of fraud. State the reason that you have never made it. You can show evidences by submitting documents of you not being in india at the date of execution of hiba in india.
Hi,
You may challenge the gift deed given by your mother to father and claim possession of property.
First step is to write a letter to concerned Sub Registrar requesting him not to register any document in respect of this property. Secondly, immediately hire a competent lawyer to take stay. File a suit for declaration, possession , permanent and mandatory injunction and damages. Any delay in the matter will complicate the matter. Go ahead. Satyamev jayate.
1. Your mom had no competence to execute the hibanama in the first place. You must immediately file a suit for declaration in the civil court to declare the hibanama as illegal and void on the ground that it is executed without legal competence by your mother. Also seek injunction to restrain the donee i.e your father from creating third party rights in the property during the pendency of the civil suit.
2. Apart from above, also file a criminal complaint against your mother for the offence of cheating under Section 420 IPC.
Since oral gift deed or hiba is recognized or permitted in Muslim personal law, she is misusing the law in her favor.
You have to file a suit for ejection to disposses them from the suit property and for repossession.
Also you can file a permanent injunction application in the same suit restraining them from interfering in your possession and enjoyment of the suit property.
Contact an advocate and institute a suit.
you will have to file a suit in civil court for cancellation of gift deed by your mother to father and for declaring you as owner of property
The essential conditions for a valid gift (Hiba) under Muslim Law are:
(I) Declaration,
(II) Acceptance, and
(III) The delivery of possession.
A Hiba is not valid unless these three essential conditions are fulfilled.
they must be stating that you have given them the property through HIBA although an oral one.
you have to file a suit for cancellation of the sale deed/registry and a case for fraud and criminal breach of trust.
regards
1. The said property on which two stories were added stands in your name as per the records of the Registrar.
2. the title of no property can be conveyed to a third party without registering the deed of conveyance by paying the required stamp duty and registration fees.
3. The so called purported oral gift which has been witnessed by your brothers is not valid as per law.
4. You should file a declaratory suit claiming that your parents and brothers are the illegal occupants of your property and also file a petition u/o 39 r 1& 2 praying for a direction upon your parents and brothers restraining them in making any deal with anybody in connection with our aid property till the suit is disposed off.
5. You can file an eviction suit against then in place of the said declaratory suit, if you so wish along with the restraining prtition.
