• Can a person claim his property back if he already trasfered

Hi, My father transfer 2 acres land on my sister-in-law's name as she threatened my father that she will leave the house and file a dowry and domestic violence case against my brother, father , mother and me ( I am daughter living in London from last 6 years) unless my father transfer some land on her name. Now my father is regretting because my sister in law creating more problems. My father wants to claim the land back .Can he get his property back?And what about my mother, brother and my share. Plz advice. Thanks 
My family was a victim of harrasment. 
Plz advice
Asked 6 months ago in Property Law from United Kingdom
Religion: Sikh
1) your father has to move court to set aside gift deed executed by him in favour of sister in law on account of coercion 

2) seek an injunction restraining SIL from creating third party rights on the property
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1) application should be made as soon as possible 

2) your query is silent when transfer was made 

3) if is self acquired property father can execute will bequeathing balance property to yiur  mother and you 

Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. Regret of transfer is no legal ground to undo the transfer. Your father may file a suit for cancellation of the instrument of transfer as illegal on the ground that it is vitiated by coercion but he will have to prove coercion in the court through cogent evidence.

2. During your father's lifetime his heirs have no share in his property. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. When was the said land transferred to your sister in law?

2. If it was transferred long back, then the deed once registered can not be cancelled,

3. If it has been registered recently, the your father can lodge a police complaint alleging that she has criminally applied force on him to get the title deed registered in her name and in that case only your father can file an application for cancellation of the said deed which was availed against coercion,

4. You, your brother and mother shall have no right, title or interest on the said property as of now,

5. After the demise of your father, all or any  of his legal heirs can file an application challenging the registration of the title deed alleging coercion in its registration.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
1. If the title deed was registered years ago and then the alleged coercion went unreported, then the said registration of the title deed can not be cancelled now,

2. However, the legal heirs of your father can try to get back their share by alleging the coercion on your father for registering the title deed of the property with an appeal for cancelling it. 
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
By what mode did your father transfer the property on your sister in law's name?
If the transfer was by an unregistered deed then he can cancel the same and retrieve his property but if it was through a registered document he cannot cancel it  until it was a conditional transfer.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Is there any time limit make a claim. My father has 4.5 acres in total and we are 5 members in family father, Mother, brother , sister in law and me. Sister in law got 2 acres ,so it's means we all have share on that property. 

If it was not your father's self acquired property and if it was ancestral property, all you children of your father can file a partition suit agaisnt your father and seek separate possession of your legitimate shares in it and also can seek cancellation of the registered transfer deed in favor of your sister in law on this basis.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Brother got married just 3 months ago and daddy just trasfered the propertype 2 days ago .we all family members are together except sister in law. We all are against her because she is very unfair  to us and snatched 2 acres by harrasment. What type of proofs my father have to show in court. She went to police and said we demanded dowry and torture her which was totally fake story. My dad is very innocent he gave her 2 acres in hope to keep family happy.

If the transfer was through an unregistered document then it can be cancelled even now.  
But is it is a registered deed then it will be difficult to cancel the same, however you may try other options as suggested above. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) your father can rely upon false police complaint made by daughter in law regarding torture by in laws 

2) it should be mentioned that she forced your father to transfer land in her name failing which she would file false cases against him and other members of family 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
He has to lead direct or indirect evidence to prove that he transferred the property under coercion. It will be waste of time and money to go to court unless he has such evidence.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
If the property is ancestral property then file a suit for partition and cancellation of transfer deed.

Or your father may file a cancellation suit before civil court with the ground that this transfer was due to fear and pressure created by her.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Let your father immediately lodge a police complaint against your sister in law alleging that she has forced and blackmailed her in registering the said deed in her favour against her expressed wish,

2. After that let your father or yourself file a declaratory suit before the local court praying for a declaration that the said deed has been  illegally obtained, hence invalid and direction upon the registrar to cancel te said deed,

3. You are required to act immediately and start the process by lodging the police complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
Hi, If your father transferred the property which ancestral one then your father has no authority to transfer the same so you have to file a suit for partition of your share in the property.

2. In the worst case to an extent of your father share will go to her and not all the 2 acres.

3. If the property is the self acquired property of your father then you can't do anything.Then your father has to file a suit in the Court that set aside the sale deed executed by him in favour of your sister -in-law as the sale deed was obtained by way of fraud,  Cohersion.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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