• Agricultural land registration as gift by my father in law

My wife got registered agricultural land on her name by  her father as gift on 15 Feb 16. The land is ancestral property. But due to pregnancy complications she died on 12 Mar 16. She was at her parents house till admission to hospital. I have kept all gold items of her and other land documents at their house only. We already have a son of age 3 yrs. Now my father in law and brother in law's are not returning the documents of my own property and property on my wife name(purchased by me), agricultural land registered on her name and all gold armaments of her. They have signed on a mutual agreement to keep the property of my wife in a locker opened on my son's name till he becomes major and to return property on my name. We including my on laws signed agreement on a white paper only. Now what action is to be taken by me to get back my property documents and gold? Is there any provision to cancel the gift deed after death of my wife or it will come to my son's name.? My two brother in law's were also signed at the time of gift registration . please give suitable advice to secure my son's life. My son is living with me.
Asked 8 months ago in Property Law from Guntur, Andhra Pradesh
Religion: Hindu
1. You can file a suit for injunction against your in-laws to seek court's directions to them to return the documents of property of your wife. 

2. Your in-laws have no share in the property gifted to your son by your late wife.  Mere possession of title deed and other documents of the property does not authorize the possessor to sell the property. The gift deed cannot be cancelled after it is executed except if it is conditional. To obviate the possibility of illegal sale of property by your in-laws you may file a suit for injunction against them. 

Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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Hi, 
As per law you and your son will be the legal heirs of your wife. The property will devolve in equal shares. A gift once given cannot be revoked. you can ask for custody of documents and gold through court/mediation/lokadalat as any which way you will need court permission to deal with the property of your minor son. Signing a white paper for custody of gold in locker etc is invalid and can be negated in courts. No worries at all. 
Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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1) Once gift deed is executed duly stamped and registered your wife would be absolute owner of the property 

2) on your wife demise property would devolve on her class I legal heirs namely your son , mother in law 

3) you can request your in laws to return your original property documents and other articles 

4) if they refuse issue legal notice to them and file complaint of cheating ,criminal breach of trust against them 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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Hi
You should approach a civil court with suit for  a permanent injunction, if you don't have Possession of the land   for possession and injunction  along with a prayer to hand over all the documents pertaining to the gift deed

The gift deed is an absolute title deed , it cannot be cancelled.

You and your child are the legal heirs of your wife, so you both are the equal heirs. you being the natural guardian of your child has the legal right o seek the legal remedy on your child's behalf. whatever assets, articles,Jewelry  belongings she had is now belong to you and your child. Her family has no right over it.
A legal step to file a suit has to be initiated as early as possible.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
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1) certified copy of documents would be helpful in filing case 

2) file case of cheating , criminal breach of trust only after issue of legal notice 

3) if your FIL says they don't have originals lodge FIR about loss of original documents . You can then rely upon certified copies 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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Certified copies are sufficient to file the suit. A complaint for theft can be filed against them if they have taken away the original documents. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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Certified true copies are required to make your claim in the first place. These true copies will be helpful for you to claim loss of originals. Regarding police complaint etc no prior notice need to be given. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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Yes the copies are enough to file the suit
You don't need to file any complaint.
In case they destroy the documents original you can apply for the duplicate in the registrar Office.
What is important is that there should be an injunction order against them.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
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Upon your wife's untimely and intestate death, all her properties, whether movable or immovable shall devolve equally on her own class I legal heirs.  
In your case you and your son are the class I legal heirs to succeed her estates as successors. 
Your in laws cannot hold the properties or the title documents of the immovable properties and they cannot refuse to hand them over to you.  
You are the natural guardian to your minor son, hence you can e the custodian of your child as well his share in all types of properties that belonged to your deceased wife.
If your parents in law  or brothers in law refuse to hand over the properties that belonged to your wife, you may issue a legal notice and then file a suit for recovery of possession of the same.
You may even lodge a criminal complaint against them for refusing to give your properties to you without any valid reason.
Your father in law cannot cancel the registered gift deed executed in favor of your wife during her lifetime, now after her death, it will be illegal an invalid i the eyes of law. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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Sir, we got certified true copies of the documents of land registered on my wife's name and on my name. Are they useful in filing suit/ issuing notice? Shall I lodge a complaint for cheating and breach of trust before notice or after giving notice. If they say that don't have the land docs, these true copies can work as original or not? Plz clarify

The certified photocopies of the documents in your possession will be very useful for you to file a civil suit for recovery of possession of the property as well as for seeking an injunction restraining them from alienating them.
Simultaneously you may lodge a criminal complaint too with the local police on the said grounds. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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