Good day. About 4 yrs ago, My father made a gift deed 60% of his property (house in faridabad) in favour of younger son and 40% in favour of elder son. Now the 40% gift deed is on stamp papers, duties paid and procession taken by the elder son but incase of 60%:- my father in haste and miss guidance executed 60% gift deed in absence of younger son pasted original photo graph of the younger son on the front page and signed name of the younger son in place of signatures and arranged someone else to stand physically in name of younger son at the time of computer registrations of the gift deed. Is this act considered a fraud? Any course of action for correction or future consequences on the subject matter. Please advice. Your response will be highly appreciated. FYI both sons are nri Thanks
See this is illegal and offence and further if the deed is challanged it can get cancelled. As there was no POA in name of person who stood for registration.
See best thing now that can be done is to register a confirmation deed of old gift deed and register it in presence of younger son.
It is fraud as younger son was not physically present his signature was forged and another person was standing in place of younger son
2) cancel the said gift deed by mutual consent
3) later execute fresh gift deed have it duly stamped and registered
1) Your Gift deed as a donee accepted by you from donor i.e. your father. If it is accepted by you as as gift deed and registered in your nearest sub registrar office.
2) If it's not signed by you under RTI act you can ask for details of gift deed because now days photos are captured in the registrar office. So it's other person then you and that ia not you. You can fight legally as fraud registration of gift deed. Kindly check registered gift deed thoroughly.
1. The act is fraudulent and also tantamount to furnishing false information to a public servant, which are offences punishable with an imprisonment of up to 5 years.
2. He should cancel the gift deed in entirety and then execute a will.
1. For 40% check if gift deed is duly registered
2. For 60% - please apply for re-registration of gift deed u/s 23A of registration act, and this time, with younger son appearing before the registrar for registration and not some other person
1. IF another person has appeared before the Registrar, THEN it amounts to Criminal Fraud, Mischief & Misrepresentation, on part of the other person as well as on part of Father (Gift Donor). These things cannot be reversed or corrected but only kept silent.
2. Execute another proper Gift Deed and have it registered at the latest date whenever the NRI son is in India. This might solve the problems.
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
This is nothing but an act of impersonation.
Your father has done this fraudulent act intentionally to cheat the government or anyone.
This will attract the offences of impersonation, forgery, cheating, breach of trust, high handedness etc.
Now to make it alright, he may have to execute a registered cancellation deed with the consent of the beneficiary and execute a fresh and genuine deed.
Dear Sir,
It is better to cancel the entire registration process made in the name of younger son or get it cancel by filing a simple application before SDM under senior citizen’s act to avoid future complications. Get registered a fresh gift deed in the name of younger son by calling him to India.
Hello,
This act attracts section 191, 420 , 417 etc IPC .
Regards
1. It appears from your query that both the gift deeds have been registered.
2. It also appears that in case of the younger son getting 40% of the property, only tyhe signature of the younger son being the donee was apended by someone else.
3. The younger son should not state that it is his signature since his photograph has been pasted on the deed on the front page and the Registrar has allowed you to sign only after verifying your physical presence with your photograph.
4. If you do not deny having sighned the said deed, it will be considered as perfectly valid.
Good Day! I would like to thank all the experts who took out their precious time to answer the query. In continuation on the same subject I need few more doubts to be cleared before decision can be taken. 1). If 60% registered transfer deed is to be cancelled with mutual consent, then can it be done alone by father? Or younger son has to come to India for cancellation of transfer deed? Or any kind of paperwork from abroad can help in cancelling the transfer deed? 2). How long does it take to cancel the transfer deed? 3). Is this kind of act or cases common? Are the rules/law same in all the provinces or they are different? Please advice/suggest. Your responses will be very helpful in decision making. Thanks a lot.
1. If the person residing at abroad is not able to come to India for this purpose, he may execute a POA in favor of any close relative here in India who can subsequently execute a joint cancellation deed with the father.
2. If everything is ready then it can be done on the same day also.
3. Yes, the common law is applicable.
Younger son has to come down to India to cancel transfer deed by mutual consent
2) in alternative he can execute specific power of attorney in favour of family member to execute cancellation deed
3) it should be attested before Indian consulate
4) it should not take more than a week
1. No cancellation deed needs to be signed by both the parties. Power of attorney can be given to cancel the deed
2. Vide registration of cancellation deed it can be done in a day.
3. Rules are same throughout India on registration. Cancellation is common
You can either opt for re registration of 60% gift deed or
Have a cancellation deed registered between the parties
But if you do cancellation deed then 60% will revert to your father and he will again have to execute and register gift deed for 60% with younger son, thereby again incurring expenses for registration
Younger son can execute a power of attorney in favour of father to comply with registration formalities on his behalf
The cancellation deed can be signed by son in foreign country itself before a public notary or Indian Consulate
The signed document along with power of attorney can then be couriered to your father in India and he can proceed for registration
The power of attorney also needs to be signed before notary/consulate
If gift deed for 60% is again to be registered, then might as well also include a power in PoA to execute and register gift deed on behalf of donee by donor
Another alternative would be a deed of rectification to gift deed to rectify error of another person deposing before registrar instead of the donee son.