• Illegal transfer of anscestral property

Whole share ancestral property (Housing land with house in Sitamarhi District Bihar) was transferred (in January 2015) to her wife (my aunte) name by my uncle( younger son of my grandfather, had two sons and a daughter). Other than seeking relief by cancellation of deed is there any possibility of filing 
Criminal case under 420 and 120B? 
How long it will take in cancellation of deed? 
Can one proceed directly to high court for ensuring cancellation of deed? 
After or during cancellation itself partition suit can be filled?
Asked 1 year ago in Property Law from Sitamarhi, Bihar
Religion: Hindu
1) please clarify on what basis you say property is ancestral 

2) if it was self acquired property of your grandfather on his demise your father had one third share in property 

3) your uncle could have executed sale or gift deed only for his one third share in property and not entire property 

4) you can file suit to set aside sale or gift deed and obtain injunction restraining sale of property by your aunt 

5) it had to be filed in court having pecuniary jurisdiction in your city 

6) it cannot be filed directly in high court 

7) your father should also claim his one third share in said  property 

8) suit for setting aside sale or gift deed may take couple of years 

9) your father  can also file criminal complaint of cheating under section 420 of IPC against your uncle
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Hi, they can file a private complaint under section 420 R/w Section 34 IPC and not with 120 B IPC.
2. You have to approach District court first.

3. You can also file suit for cancellation and also partition in the single suit.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Are you asking this question on behalf of your uncle's two sons and daughter?
How do you say  it is ancestral property?
Just because it was grandfather's property, it will  not become ancestral property.
The property belonging to grandfather must have been allotted to the son vide a partition and settlement, thereby the property becomes his own and absolute property, therefore his children will not be entitled to claim any share in the property  hence the transfer of entire property on his wife's name will be held legally valid.
I dont think there is any ground for filing a cancellation suit  to cancel the said deed for this reason.However you may file a suit for declaring the  sale/transfer deed as null and void insofar as the the shares of other legal heirs is concerned in the said deed and also  can seek  he relief of partition  and separate possession  of the individual's share in the said property  in the same sit, you dont have to file a separate suit for partition of properties.
No criminal case will  be tenable or sustain.
T Kalaiselvan
Advocate, Vellore
13984 Answers
127 Consultations
5.0 on 5.0
1) once settlement or partition is arrived at it ceases to be ancestral property 

2) it appears your uncle has fraudulently transferred land in favour of your aunt 

3) the tehsildar is required to make en quires and then carry out mutation after notice to the legal heirs .
 
4) file RTI application on what basis mutation was done in name of your uncle 

5) your uncle must have forged your father NOC to transfer property in his name 

6) you can move court to set aside mutation of property in name of uncle , to set aside gift deed as uncle was never absolute owner of property 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. There is a scope of a case under 420 if there has been a misrepresentation of facts.

2. How long it will take for the court to decide the case depends on local factors such as judge-population ratio and pendency.

3. You cannot proceed directly to the High Court.

4. Partition can be claimed as a matter of right if the sale is cancelled.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. You better file a partition suit claiming your share and separate possession.
2. No criminal case for cheating lies against your uncle for the said act.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. You are deficient in providing details,

2. You shall have to state how your ancestral property was transferred by your Uncle to his wife showing it as his property,

3. For filing a criminal complaint/case there shall have to be a crime on which any section mentioned in the IPC can be charged,

4. What crime your uncle has done in the instant case? Has he faked any document or forged anybody's signature? Without knowing tha fact as to how has he transferred the ancestral property to his wife, proper advice is difficult to be given,

5. However, if you find that he has in the process committed a crime, you can file a criminal complaint/case against him,

6. Additionally, you shall have to file a partition suit so that he will come out with his version of facts and the documents which you can counter fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1  This is not an ancestral property as defined in the Act,

2. Ownership of a property is not determined through record of land revenue department. It is determined by the Title Deed,

3. Let your father send a legal notiice to the land revenue department alleging illegal deletion of his name from the receipts since the property is your paternal property which is jointly held by him alongwith his brother,

4. If ir is found that your Uncle has forged a document like NOC or settlement deed in his favour sighned by your father and the said sign was faked, then you can lodge a police complaint or fiile a criminal case against your uncle,

5. File a partition suit and inform the land revenue department about said suit asking them to rectify the change of ownership they have made in their records deleting your father's name therein. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
Hi, You can file a suit for partition as the property is the ancestral property  and they can not gift the ancestral property to any body.

2. You have to file a suit for partition and cancellation of gift deed.  
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You have stated that your uncle has illegally transferred the land by executing gift deed in your aunt's favor, have you seen the gift deed document?, did the gift contain that the entire property including your father's share has been transferred in her favor, if so, your father has to file a suit to declare the said deed as null and void insofar  as his share that has been transferred without  his knowledge to her, that is the only relief and since this is civil nature dispute, the police will not entertain any complaint leading to  frustrations. 
T Kalaiselvan
Advocate, Vellore
13984 Answers
127 Consultations
5.0 on 5.0

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