Gift deed Property made by fraud
My Father had purchased two properties( with his money), one residential flat( in 1982) and one industrial gala( in 1994), me and my dad had purchased one industrial plot in GIDC Gujrat (in 2012), with our money, but all in my mothers name as we considered her lucky. My sister and my brother-in-law ( both currently US citizen : Current location USA ) by fraud, made gift deeds in January 2014, of all the properties and transfered and registered all the three properties in my sisters name from my mothers name, my mother was informed that they are just making and registering an affidavit that the property does not go into her son's name(my), without my sisters and brother in laws conscent. Pocession of all the three properties remains with us, we are running a small factory in both units and residing in the residential flat. the gift deeds state that the pocession has been handed, which is completely wrong. My mother and my dad and myself were shocked to learn after 6 months, about their wrong doings. how can we revoke these gift deeds which have been made by fraud. My sister and brother in law are not ready to listen to any body, all the elders of the family have come and tried to talk, but they do not want to talk.
Asked in Family Law from Mumbai, Maharashtra
1) since gift deed has been duly stamped and registered your sister would be absolute owner of said properties .
2) since your sister is refusing to agree for cancellation of gift deed the only option for your mother is to move court .
3) she has to file suit for setting aside gift deed on account of fraud . mention that she is still in possession of said properties
4) also obtain an injunction restraining your sister from creating third party rights in said properties .
Yes, we have already moved court, saying the same as said. What are the chances of out come. The court has said to serve her notice, thru newspapers, which we have done, but the judge says to wait for 30 days before passing an injunction notice. I have heard, my brother in law has also appointed an advocate, what will their counter to our claim be?? what is the possible outcome, will it be in our favour, since my mother is moving court and it was her name on the property.
Asked 2 years ago
1) court will direct maintenance of staus quo ie restrain your sister from creating third party rights in property .
2) is your mother educated? your mother should have cross checked document she is signing .
3) at time of registration of gift deed query is always raised whether you are familiar with contents .
4) statement of 2 witness es would be crucial in this case .
5) suit will take 15 years to be disposed of
A. u have very good chances to win ur case as possession of said properties is with you.
B.press court by lawyer to grant exparte stay order in ur favour without waiting for 30 days ,which court can pass.
C.take help of competent local lawyer to conduct ur case.
Advocate, New Delhi
1. Since the properties were purchased by you and your father in your mother's name the ownership of these properties vested in your mother. Once the signatures of your mother were obtained on the gift deed by your sister and brother-in-law the ownership transferred to your sister. Consequently your sister is the owner of these properties even though they are in your possession. Possession cannot be equated with ownership. Your sister can bring a lawsuit against you for recovering the possession of these properties on the basis of the gift deed made by her mother in her favour. Unless and until the gift deed is held to be illegal by the court the same will hold its ground.
2. The only legal remedy available to your mother is to move to court and file a case for cancellation of the gift deed by her in favour of your sister as it is vitiated by fraud committed by your sister and brother-in-law.
3. Your mother should also obtain a stay order against the sale of these properties as in the event your sister sells them it will be very difficult for your mother to impeach third party rights.
1. We cannot foretell what defence your brother-in-law will take in the court to rebut your case. Only time will tell this.
2. Your sister and brother-in-law will get the opportunity to contest your case. After 30 days the court will pass an order directing your sister to not to sell the property till the time the case filed by you is decided by it. She will thus not be able to create third party rights.
3. I repeat that mere possession of the properties will not work in your favour. Did your mother personally appear before the registrar for the purpose of registration of the deed of gift, or she made a power of attorney authorizing some one else to do so on her behalf?
If your mother can adduce evidence that it was done by saying that it was only got purpose of affidavit that it won't go to you without sisters permission and that no such deed was signed and has cheated her you will surely get back the same
1. Your sister is the absolute owner of the said property,
2. Your only hope to win in this case is to get an order declaring the said Gift deed as void at law,
3. If your mother and the two witnesses are literate and can read and understand the language in which the said Gift Deed has been written then it will be very difficult for you to get the Gift Deed declared as void,
4. I understand that it you do not have a very good chance to win the above case under the above circumstances,
5. This case will run for 20yrears for which they may come for a settlement with you.
as per law your sister is owner of said property. your mother has to file suit on ground of foregry & get gift declared void. here your mother & witness literacy will also be an issue before court to decide things
Advocate, Greater Noida