My Maternal grand father has gifted my mother a property of 14 decimal in Bihar. My mother had given 7 decimal of property of my step maternal uncle. Now, last year I have sold the remaining 7 decimal of property to someone else. 1. The 14 decimal of property which my maternal grand father has gifted, some part of it he got in during property division with his brother ( ancestor property ) and few of the part he bought from some where. 2. for all the 14 decimal, mutation was never done since 1960 ( ancestor also bought from some one else ) 3. Property tax for these property was never paid untill now. 4. Now, after I sold this property, someone is saying that it was his property ( the someone is the one from which my maternal grand father bough this property ( let's say 5 decimal ) 5. They buyer ( which i have sold property ) has corrected all the document, did all the mutation and paid property taxes ( all since 1960 ) Can I be booked for any of the criminal cases ? that third person is saying that he can book me for 420. I have sold only that property for which I was having the registration deed. Please help.
NO, even if any crime committed than it will be by maternal grand father.You must be having chain of document and purchase and partition document. None have any claim.
And if this someone has 0% stake that claim is also dead/closed by limitation. No case made out. He is faking.
No case of cheating is made out against you
2) your grand father had gifted property to your mother and she in turn gifted property to you and you have sold property by registered sale deed
Hello,
No you can not be booked for any criminal case. At max the buyer can file a suit to claim compensation, it is the duty of the purchaser to check the title of the land before purchasing it and later you can not be booked for cheating if no wrong has been done by you.
Regards
No, you can't be booked for criminal case.
Because it was legal property papers and all gift deed agreement you can show to them and collect all property mutation papers atleast photo copy from buyer and all tax receipts etc.
Nothing to be worried as no case is made out against you. In any view of the matter, this is a purely civil matter and Police should not register any FIR in this matter
no criminal cheating cases is made against you.legally your mother gifted property to you and you have sold.
No you cannot be booked for any criminal case as this is civil matter.
No he cannot lodge FIR against you under 420 because you have gift deed of property he can only file civil suit for set aside the sale deeds.
Let them file civil suit for cancellation of sale deed. You can contest it by your own. You can also contest any criminal case filed against you.
No if your mother has possession of proeprty and there is proper gift deed in her favour then no criminal case can be booked. Since there is deed and it is in possession of family from years no case as such is maintainable.
1. The share in property which a person receives after partition of an undivided property becomes his separate property which is at par with his self acquired property, which he is at liberty to alienate and bequeath in the same manner as his self acquired property.
2. Let the person who is claiming the sold property as his property go to court and challenge the sale deed executed by you.
3. Unless it is shown that you have forged some documents or committed cheating a criminal case is not made out against you.
1. The adverse claim of the opponent party is time barred under the limitation act.
2. No criminal case can lie on this issue. The opponent can file civil dispute, for his claims, which would be rejected.
3. Your transaction is based on documentary evidence and is legitimate. Check whether the opponent has any documentary evidences for his claims.
Going by contents of your post, it looks that, the title flow is clear.
Your transaction is clear, you cannot be booked for 420. Sec.420 does not attract for your case.
The person claiming has to prove his claim and establish the title flow in court of law (civil court)
- Since , you had received 14 decimal of property by way of Gift , then after his death , you become the absolute owner of that property, and you was also having legal right to sell the same , because a Gift deed cannot be conditional.
- Further, your maternal grand father has got his share in property by way of division /partition ,hence he was free to sell /gift the said portion of property to anyone as per his wish.
- Hence after selling the same , you have not committed an offence of cheating.
- The person who is objecting the said transaction , will have to firstly challenge the documents of your maternal grand father .
- Othewise, a criminal case cannot be lodged against you.
If you have sold the proeprty to which you possessed a registered document then you can ask him to proceed with the legal options, because just because he has mutatyion records, he cannot claim title to the property.
The mutation records or the tax receipts are not title documents, let him prove his title through court by filing a declaration suit which you can challenge especially by adverse possession.
