• Registration of gifted land for 2nd time

Dear Sir,

My father's brother gifted 90 cents agricultural land in 1991 to me.No cancellation was done

I have the land till now and have passbook as well.
But in 2016 he sold the same 90 cents agricultural land to others again for the second time using previous documents

It was a cheating and fraud.

1) Can I file a Criminal case and Civil case ?

2) Under what sections I should file it ?

3) Above mentioned gift registration is valid right ? 
He also mentioned of giving complete rights to me.

4) Should we attend the court everytime for civil case and criminal case (or) can we give the rights to lawyer to represent us ?

5) Any other inputs to file case stronger?

7) 90 cents is 8lakh cost.Any tentative cost,so that I need to be prepared with that amount ?

I dont have money,based on your inputs,I can be prepared 

8) Should we go with injection first ?

9) What documents I should have handy before filing case ?
Other than property docs,adamgal and passbook
Asked 5 years ago in Criminal Law
Religion: Hindu

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14 Answers

1. Since , you have obtained passbook and was in possession of that gifted property , then the said selling to another person is illegal , and you can cancel the said sale deed after filing a Declaration suit before the court. 

- Further , you can also lodge a complaint against both of them as well for the offence of cheating and breach of trust, as your uncle sell the said land without your consent.

2. suit for Declaration 

3.  Yes ,  As per law, a registered gift deed cannot cancelled/revoked without getting court order 

4. Lawyer can represent to you before the court,and your appearance is not necessary on each and every date.

5. As above 

7. No

- Registered gift deed and passbook & some occupation proof needed for filing the case. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

If you have registered gift deed than he can't sale same land as of now nor the sub registrar will registered new sale deed for the same property.

 

You can file initially complaint against sub registrar and your uncle and the buyer to Collector of your city or  District.

 

If the collector could not solve than problem than you can file case in the court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Its forgery and cheating under section 420 ,465,467,471 r/w 114 I P C .

Please approach Police Station  for filing FIR for the commission of offence of cheating and forgery under whose jurisdiction the land is situated. 

You may also seek mandatory injunction and declaration of title under section 34 ,37 and 38 of Specific Relief Act against all.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

First file a case for declaration and injunction on the property. And also file a criminal case.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. There is no need for you to file civil or criminal case if physical possession of the property remains with you.  Its the second purchaser who would require to file such suit. 

2. No need.

3. Your gift is very much valid. 

4. Lawyer can represent the party. 

5. Same as above 

6. Same as above 

7. Not clear 

8. If your possession is disturbed then only file it.

9. The title deed is enough. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. If the property was transferred to you by a registered document then the subsequent transfer is invalid and illegal, however no criminal case is maintainable.

2. You have to approach civil court seeking cancellation of that sale deed or to declare your title provided the property was transferred to your name by a registered deed.

3. Then you can follow the above procedures.

4.  You cannot remain aloof after entrusting the case to lawyer, you should regularly follow it up.

5. Collect the documentary evidences  to prove your case.

6. You can  ask your advocate about the cost of the suit for court fee and lawyer fee.

7. Consult your lawyer first.

8. read the above.

 

T Kalaiselvan
Advocate, Vellore
90159 Answers
2505 Consultations

You can file cheating case against uncle under section 420 of IPC 

 

2) also file ciivl suit to set aside sale deed as property was gifted to you by registered gift deed

3) in ciivl case personal presence not required on each date 

 

4) in criminal cases your presence would be required

 

5) you need copy of gift deed , sale deed to file case 

Ajay Sethi
Advocate, Mumbai
99958 Answers
8158 Consultations

Gift Deed cannot be cancelled unless it is a conditional Gift. Once gift is made by donor and accepted by donee the gift is complete. The title to the property passes on the donee . Donor cannot unilaterally cancel the gift. It has to be done only with the consent of done. Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift.

Check your gift is conditional one or not. conditional gift deed can have clause that donee can enjoy possession and income after death of donor . 

 

In your case the second gift deed is not a valid one. If the property is in your exclusive possession then no need to go to court first. When your right is infringed then only act. Then approach civil court seeking cancellation of that sale deed .

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

The property was gifted to you. If it was in your possession then the gift was complete and hence that sale is illegal and invalid. A suit for cancellation of sale deed must be filed immediately in the district court.

A criminal case can also be filed against the buyer. He may be served with a notice.

The lawyer will do tge needful. You don't have to go every day.

Property documents and gift deed.

Injunction should be filed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since this gift deed has not been cancelled so this is good to go and the land cannot be sold to any other party.

If this kind of transfer has been taken place you have all the right to go to the court file a complaint case under section 420 and 406 along with suit for cancellation of any sale deed on the basis of gift deed if the conditions of gift deed has not been violated due to any reason.

Please make sure that you are approaching the court with clean hand.

Please remember to rate this answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Sale is void. You can file FIR u/s 420, 476, 468, 471, 120b IPC against buyer and seller.

Gift is valid if it was registered gift deed and so your title.

Just file FIR. No court visits.

7. NO

8. Let the buyer approach court, you enjoy your possession and use.

9. Copy of gift deed will require.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. Yes you can file criminal and civil cases against your Uncle and buyer. 

2. Fraud and forgery of documents.

3. Yes gift deed is valid. 

4. No you don't have to appear on every hearing. 

5. Yes you should go for stay on further sale of property.

6. Gift deed and khata passbook.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can file cheating case u/s 420 of ipc against him. 

 a suit for cancellation of sale deed can also be filed by you.

once reistered gift deed executed it is valid. 

in civil. dispute your counsel can appear behlaf of you. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19369 Answers
32 Consultations

1. Yes you can file both

2. FIR for cheating and civil suit for cancellation of sale deed

3. Yes it is valid

4. Yes

5. Take advocate personal advice

7. It's your discretion

8. Yes injunction

9. Yes only property documents and evidence of fraud

Prashant Nayak
Advocate, Mumbai
34646 Answers
249 Consultations

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