Original land documents grabbing
This is with the regard to illegal revocation of Gift Deed of minors property. This matter is now with District Munsiff Court. Prayer was for making null and void of the of the illegal revocation of gift deed and asked for temporary and permanent injunction. The next hearing is posted on 10-06-2014. While this matter is now in the court I would like expert's advise on the following:
In 2003 Registration of Gift Deed took place from father to his eldest daughter (self acquired). Within two days of registration daughter along with her family (myself and siblings) went abroad. Daughter gives instructions to collect all the registered documents and for safe keeping with them (her father and mother). Daughter also instructs father and mother for proper maintenance of the documents viz. changing the name in the revenue records, etc. However, whenever we came for vacation to India (during the intervals of one year and two years) and whenever we asked the documents, they refused to handover and dodged.
In 2007, again when we demanded the documents, they not only refused to handover but also threatened to return back the property back to them (since the value of the property has increased many fold). Further, after giving this threat, they (her father and mother) forcefully taken all our property documents while vacating the house (they are living in our own house from 2003 to 2007). We have not lodged complaint to the Police because of the reputation of family and also we have considered the sacred relationship.
After this development, we have decided to transfer the subject property to our four minor children (from her mother and me as guardian) and accordingly a Settlement of Deed was registered. This has happened in 2007 itself.
In 2008, father cancels unilaterally the Gift Deed made in 2003 (without the consent of the donee and without any directions of the Court). Reasons for the cancellation was mentioned that his name still appears on the revenue records and therefore the cancellation!!!. Again, in 2013, father makes one more settlement to his 2nd son, against without any directives of Court.
We came to know the above illegal activities when we applied EC during December 2013.
Now, I would like to take criminal action for their act they have committed during 2007 i.e. they have taken/stolen our original documents forcefully and kept them illegally until they made illegal revocation of Gift Deed in 2008 and subsequent illegal Settlement to his 2nd son in 2013.
I want to proceed to initiate criminal action action while the subject matter was in the court. How can we proceed to bring them to books?. What are all the formalities to book them under what section?
Your valuable advise is very much appreciated.
Asked in Criminal Law from Chennai, Tamil Nadu
1. Since a civil suit is already pending, you need not do anything on this account.
2. However a case of criminal breach of trust u/s 406 IPC does apply against them which you should file withut wasting time anymore.
Section 406 IPC is non bailable ,you should file case under the above provision. The pre existing right ,title, and interest of Donor stands divested in the donee by operation of Section 17 of the Registration Act only when Gift Deed is duly registered and thereafter the Donor would lose title to the property. Your father in law once Gifted the property to your wife by way of registered deed and he can not unilaterally revoke that Gift Deed and transfer property to his second son, you may challenge that Gift Deed as null and Void in civil ourt.
Thank you sir for your quick reply. Certainly, I will be pressing for action under Sec. 406 IPC. However, the opp. parties (my in-laws) are senior citizens, whether any leniency would be given by the court if I file this case u/s 406. The conspiracy was hatched by my (1) in-laws, (2) two brother-in-law and (3) my sister-in-law. All are residing at my own residence (free of cost) from 2003 to 2007 and thereafter they taken away our property documents and kept with them illegally. Now, If I want to go ahead to file case u/s 406, do I have to include my brother-in-laws/sister-in-law as a party? (they have all signed as witness) . Where to file this case (in the magistrate court or in the police station). Please advise.
Asked 3 years ago
1. The Gift Deed executed in favour of your wife can not be revoked or cancelled. So, the subsequent Gift Deed is illegal for which you have already filed a civil suit,
2. You can file a case u/s406 & 120(B) against the donor & witnesses of the subsequent deed.
3. Lodge a police complaint before your local police station under copy to the S.P. and if they fail to act, file a petition before the District Judge u/s156(3) praying for direction upon the police to investigate & act based on your complaint.