Yes you need to claim the same before court
No it requires your consent
Yes ur will be criminal prosecution under 420 and related sections in IPC.
Yes you can get it
Gifted property
My name is Sravanthi and I am 26 years old. 27 years back My father adopted his sister's daughter(at her age 5 years old). As his sister has died and he doesn't have any children, he adopted her as his daughter. I don't know whether it happens legally or not. After one year of adoption, I was born. My father treated us both as his own daughters. As she is elder than me, my father took care of my sister's marriage responsibilities that happened in 2003. My father owned 4 and a half acres of farming land. My father agreed to give them half of his owned land and 60 grams of gold as dowry. But my sister's husband was refused to take the land instead he asked for the equal amount of money that the land can make. Then we gave RS. 80k along with gold. My father took care of the first two deliveries of my sister. In 2012, my mother was expired. then my family decided to get married to my brother in law (my father's other sister's son). I refused to do that and asked my father to get any other match. But no one accepted it. Then I revealed that I loved a guy. They didn't agree and my sister's husband took advantage of that and made a huge issue in my family. After some days, I came back to the town to prepare for government exams. My sister's husband went to my father and asked him to hand over the land of two and a half acres (out of 4(1/2)) just to blackmail me to get married according to their wish. He agreed to give back this land once I got married according to their wish. As my father is uneducated and doesn't know these tricks he gets trapped by them. He made my father give those land on my sister's name as a gift they mentioned in the papers. But I am not aware of this. As they didn't agree with my marriage proposal and I am an adult and got married to the guy whom I loved. After one year I came to know that there happened a land transfer from my father to my sister without my knowledge. I asked my father about that. Now he is saying that my sister's husband was cheated and grabbed our land. He is not giving back. Here is the matter that they have written on the papers(translated from Telugu to English) "Since you are my firstborn, I have taken possession of you this day, freely submitting to you without any reward in return for your love. So from now on you donate property and you are the sole proprietorship and you pay the government taxes and you can freely enjoy the sovereignty of the sale of the patra patrimony. There are no objections to me or my descendants. There will be no right and objection to myself or any of my chief heirs now and hereafter on this bone. Existing is not valid. This charity is written and given to you in trust that I can bear the loss of my own bone if you make a claim on this property without anyone knowing it." 1. Can I get that property back? 2. Is it legal to hand over the land without my concern? 3. Can I file a cheating case against them? under what sections? 4. Can I get that, if I file a case?
Asked 5 years ago in Property Law
Religion: Hindu
18 Answers
Your father has to file suit to set aside gift deed
2) take the plea that he was forced to execute gift deed
3) seek injunction restraining sale of property by daughter
4) your consent was not necessary for execution of gift deed by father
Now, my father wants his land back. They refused to give them back as promised. Also, my father was suffering mentally by their behavior. Under what sections my father can file a case?
Asked 5 years ago
If Your father is senior citizen he can file case before senior citizen tribunal for setting aside gift deed executed on grounds of coercion
He can do that speedily if he files a case under senior citizens Act and revokes the deed or any transfer document done in their names. Filing a casein civil court may take years
File a case of coercion and undue influence to obtain consent to make the gift and seek directions to declare the gift null and void.
You can also file cheating and fraud case against the perpetrator.
File for the revocation of that gift deed.
Also file a cheating case against your sister's husband under 420,406IPC.
1. Is the gift deed registered? Gift deed requires mandatory registration.
2. The remedy in the hands of your father is to file a suit for cancellation of the gift deed on the ground that his consent to gift deed was obtained through undue influence and fraud.
3. You cannot get the property back. Your father has to file the suit. The decree can be only in his favour.
4. If the gift deed is cancelled by the court then your father will be free to gift it to you.
Madam,
As per the legalities, you can't get that land back and being owner of property, your father can gift his land to anyone. Also, the cheating case will not succeed as your father has gifted the same under full senses and without any pressure etc. and with free will. The only way to get that land by father is that he files a case of maintenance against your sister and brother in law for maintenance under senior citizen maintenance act and also get the gift deed cancelled.
- As per the Indian Registration Act, a Gift deed is mandatory to be registered from the office of Registrar, and an unregistered gift deed having not legal value in the eye of law.
- Further, as per law, a Gift deed can be cancelled by the order of the court , on the ground that the Gift deed was obtained against the wish of the donor and was executed under misrepresentation, fraud etc.
1. Yes, you can get property back , but for this your father should firstly lodge a complaint against him before the police under the offence of cheating and breach of trust .
- Then he has two ways , Either file a complaint under the Senior citizen Act , or file a suit for declaration before the court for cancelling the Gift deed .
2. Yes, as the said land was purchased from the fund of father himself , hence this land is self acquired property .
- A father is having his right to gift any person as per his wish , if the property is self acquired and not ancestral.
3. You father can file only
4. No, until the said gift deed cancelled by your father , you cannot fie a case.
- After cancelling the Gift deed , you father can transfer the same in your name by way of gift deed.
Is this gift deed registered at sub registrar office ? and what was your father age, when gift deed was executed ?
Have to file suit for cancellation of gift deed as same is executed by playing fraud on your father.
2. Yes, it is father personal property, you have no say.
Not you but your father. But civil suit will file. If court cancel the gift deed than it will resume to father. Father have to execute gift deed in your favor. And at least tell him to execute gift deed of rest portion of land. Otherwise in case of intestate demise of your father, your sister will inherit half in rest land too.
File suit of cancellation of gift deed. You can file suit through POA. If gift deed executed after 60 years of age than apply for cancellation under senior citizen act.
Hi
There are two options available to you
Option 1:
a) If your father is aged above 60 years, then under Senior Citizen Act, Your father can reclaim the land gifted/settled by him in favour of his adopted daughter by filing a petition before maintenance tribunal (Revenue District Officer). This procedure is faster, less expensive and will result in cancellation of deed executed by your father.
b) Once your father , gets back the land in his name, he can transfer the property to you.
The second option would be that you and your father can file a suit in court of law seeking to
a) Cancel the deed signed by your father , by claiming that your father was under coercion, duress at the time of execution of deed and that his eldest son in law cheated him by making false statements/ provoking your father to part with the party citing that his younger daughter contracted love marriage against the wishes of family.
Second option may be used if your father is less than 60 years of age
Hope this information is useful.
1. If the property was transferred to your sister's name by a registered gift deed, then it cannot be revoked or cancelled, hence you cannot claim it back.
Further more, since it is your father's own and absolute property, he can very well transfer the same to anyone of his choice in any manner during his lifetime, hence you do not have any rights over it.
2. Since you do not have any legal rights over the property, your consent is not at all required.
3. No.
4. No is the reply .
Your father can approach the legal forum under senior citizens's welfare act on the aspects of maintenance.
He can mention that she has not taken care of him after getting the property hence to cancel the registered gift deed executed by him in her favor.
1. Yes your father can file suit for cancellation of gift deed on ground of fraudulent transaction and misrepresentation by husband of donee but your father gives land to you or not will depend on your father's will.
2. Yes it is legal to handover land to your sister without your consent.
3. No you cannot file case against them but your father can file case against them.
Registered documents can be revoked by order of the Court.
as a sole owner gift deed executed by your father is valid. your consent not required to execute gift deed.
chances are bleak, cheating case is not maintainable.
If there is cheating then the gidt deed can be challanged. It doesn't matter that the parties are in relationship I.e father and daughter/son in law or any other relationship. If there is cheating your can file criminal complaint as well as suit for declaration to declare that gift deed null and void.
Response to your first post:
1) Your father has to file case seeking cancellation of said Gift.
2) No, your father need not take your consent to gift his property. He has to plead that he was cheated to execute Gift by misrepresentation.
3) No, your father has to file case.
4) If your father files case as stated above, there are chances of you getting the property
Response to your second post:
Your father can file case of cheating, misrepresentation & coercion, he can initiate proceedings before Senior Citizens Tribunal (if he is senior citizen) seeking cancellation of the said Gift.