My two brothers and my father have kept me out of the registered Release deed they made and registered for my mothers property in mumbai. The two brothers released there rights to my father . I am not mentioned in the document . The admit they are the only three surviving legal heirs in the deed and have attached notary also to that regard. The society has transfered my mothers share to my father. Who has latter gifted the whole to one of my brothers to avoid my claim on the properties. What are my options ,spend 10..15 years in court isit a criminal offence .The society is not ready to listen. Ifthere is a criminal offence , is it bailable or non bailable .
You have to file suit to set aside gift deed as you have one fourth share in property
2) seek an injunction restraining sale of property by your brother
3) file case of cheating against your father and sib,IGN’s under section 420 of IPC
4) it is non bailable offence
A criminal complaint should be filed against them for fraud and forgery.
A petition for cancellation of sale deed/release deed should also be filed on grounds of fraud and non disclosure of a heir.
It is civil as well as criminal case. You have no option except to take legal recourse. Hire a good lawyer and take stay immediately so that they may not create any third party interest. Your action would bring result. It's your option whether to go for criminal case or not.
In the event of an intestate death, you have the right to the mother's property. It is possible for both brothers to execute the release deed upon their shares at any time. However, your right to the property still exists.
The creation of a succeeding document by your father and brother is illegal. You can file a complaint against them for cheating .
Therefore, you file a lawsuit for the cancellation of the second document executed in favour of your brother by your father. Also seek declaration about your right over the mothers property
The society has issued a fresh share certificate to my father . Its has share certificate no with alphabets "A "and also distinctive nos with alphabet "A" . Are albhabets allowed .Chain of tranfers is not mentioned nor is it marked" duplicate". The holder in the front is my Father. So that he can gift it to my brother which he did in two parts . My mothers name is not mentioned in the fresh certificate.Is the society correct in doing so .The compleate chain of tranfers is not endorsed on the fresh/duplicate certificate to keep my mothers name out of the peoperty.
Complete chain of transfers have to be mentioned in the share certificate
There is no criminal offence that can be prosecuted agaisnt them until you have valid evidence to prove that your name has been excluded in the list of legal heirs that was obtained from a competent authority.
If you are not able to find any substantial evidence to prove this offence, you have no other option than to file a suit for partition and injunction against your father and your siblings seeking proper division of property that belonged to your deceased mother and seek your legitimate share with separate possession and also to restrain the defendants from alienating or further encumbering the property in any manner till the disposal of the suit
The share certificate issued by the society is not a legally valid title document and it has no value for claiming the ownership of property.
If the share certificate is full of technical flaws as per your observation, what would matter to you when you are not a party to it.
In the proposed suit you may have to implead the society as a necessary party to direct the society to refrain from issuing the share certificate in favor of anyone till the disposal of suit and also to revoke or keep it on hold the share certificate it had issued now.
In case your mother is alive, she can deal with the property in any manner during her life time. You and other legal heirs have no right in the property if she is alive. Hence, whatever your mother did should be acceptable to all.
Share certificates issued by societies cannot be used as documents for claiming ownership of property as they are insufficient for establishing ownership.
You may have to sue the society as a necessary party to compel it to stop issuing shares to anyone until the suit is settled and to also revoke or hold the certificates it has now issued.
The society has done all these things on the basis of the forged documents presented to the society by your siblings and father. You should notify the society and also file a suit.
Dear sir,
1.You can file a complaint regarding the fraud.
2.You also file a civil suit setting aside the gift deed as you have a distinct share in the gift property.
3. In the meantime you can file for an injunction and thereafter you can file for the title over your share.
4. Here the share certificates cannot be used as evidences claiming ownership, and also serve a legal notice to stop issuing shares to anyone until the dispute is resolved. if it still continues then you can implead them as a party to the suit.
Thank you
You can file a criminal complaint of cheating and fraud against them. You can also file suit for cancellation of any deed which is made without your knowledge for said property. If you need any further assistance then you can approach me through LinkedIn.
- Firstly , if the release deed is not registered then that is not a valid document , and similarly a gift deed must be registered from the office of registrar ,and a notary document is not admissible in evidence.
- Since, your name is not mentioned in the release deed then you can claim your right over the said property legally.
- You can lodge a compliant against them and the society as well for issuing share certificate in the absence of your approval for the same.
- Further, you can send a legal notice for asking your share in the property and if no response then file a suit before the court.
Can a release deed by a coowner be made only for a part of his coownership rights . Suppose A hold 20 % and he inherits 10% on demise of a coowner he now has 30% can he release a part of it say 15% or he has to release the full rights. As a High Court judjement says that a coowner has to release his rights to all the other coowner and not a selected few of the coowners by release deed. That is the difference between a release deed and a gift deed. If the answer is YES , then he will get back part of the rights he releases.
Release has to be of all rights on property
it is true that relinquishment deed operates in favour of all co owners
No it's not unless the intention is to deceive & fraudulent towards the said legal heir
A co-sharer can relinquish his rights in the property in common which will become the common property of the remaining shareholders.
He cannot opt for relinquishing his rights in the proeprty to a particular shareholder/person
Dear Client,
The co-owner can sell or transfer his portion only when he has exclusive rights to that portion of the property. If the exclusive rights are not entitled to each co-owner, such transfer of rights cannot take place without the consent of other joint co-owners.
Thank You
- Relinquishment of a property co-ownership implies sacrificing or giving up every right on the property, including title and interest, and it also means a shift in the liabilities, if any, as on the date of transfer.
- Hence, if should be in common for all the co-sharers.