Gift Deed land registration by fraud

Question

► Hi Sir, Its an ancestral (Grand mother) property and is registered to granddaughter name. Cousin in that family married her just for land and after marriage within few months, he forced her to come to registration office and register the land to his brother as Gift Deed. She agreed due to her in-law's and husband pressure and gift deed was done in her husband's brother name. After few months of this registration she was harrassed and sent to her mother's house permanently and divorce is filed stating she was not properly taking care of her in-laws and husband. Instead of talking within families, her husband and brother filed case on her and then she opening stated about family issues and land registration fraud done by her husband and his brother. They even changed the name of the electricity bill on that land without her consent. As proof and RTI, she collected electricity documents and found they forged her sign on NOC letter and transferred the name on electricity bill which was only proof she has to say how cunning and planned they are.. But unfortunately after submitting docs in court it was found she only has xerox copy of it and originals submitted were missing. she reached electricity board guy but this time who gave her RTI , bluffed saying they don't know anything and they transferred the name based only on gift deed. She got divorced now but land issue is still going on..Can you suggest what else can be done on this case.. Point to be noted is that this is done only within 1.5 years of marriage and she is left to stay at her mother's place.

Answer 1

Dear Sir,

She must file a Civil Suit for:

“Declaration & Cancellation of Gift Deed + Recovery of Property + Permanent Injunction”

In that suit, she should plead:

She was forced by husband & in-laws

Marriage was used as a trap to take property

She was emotionally & physically pressured to sign

Gift was NOT voluntary

Gift was without free consent

Hence gift deed is voidable and must be cancelled

Electricity transfer was done by forgery

A judge can cancel the Gift Deed even after years if fraud is proven.

Answer 2

Property owned by grandmother is not an ancestral property. You can revoke gift deed and can also lodge complaint of forgery etc. against culprits. After gift no NIC is required but if they have forged your signature then report the matter to police. consult a competent lawyer.

Answer 3

Based on the facts you've described, this appears to be a case of fraud, coercion, and forgery. Here's my legal advice:

1. CHALLENGE THE GIFT DEED: File a civil suit to set aside the Gift Deed under Section 19A of the Registration Act and Sections 15-22 of the Indian Contract Act, 1872, on grounds of coercion, undue influence, and fraud. The Gift Deed executed under pressure and threat from husband and in-laws is voidable.

2. CRIMINAL COMPLAINT: File an FIR under Sections 406 (criminal breach of trust), 420 (cheating), 468 (forgery for purpose of cheating), 471 (using forged document), and 506 (criminal intimidation) of IPC, especially regarding the forged electricity NOC.

3. EVIDENCE COLLECTION:
- Obtain certified copies of all documents from Sub-Registrar's office including Gift Deed
- Get fresh RTI from electricity board with proper documentation trail
- Collect bank statements showing timeline of transactions
- Gather witness statements from family members aware of the coercion

4. FORENSIC EXAMINATION: Request court to order forensic handwriting analysis of the forged NOC signature on electricity documents.

5. DOWRY HARASSMENT: Consider filing complaint under Section 498A IPC and Dowry Prohibition Act if applicable, as the harassment and forced gift deed may constitute dowry demand.

6. TIME LIMITATION: Act quickly as limitation periods apply - 3 years for fraud-based civil suits from date of discovery.

7. RESTORATION OF POSSESSION: File application for interim injunction to prevent alienation or encumbrance of the property during litigation.

This case requires immediate legal action. Consult a property law specialist in your jurisdiction for proper case preparation and filing.

Disclaimer: This is general legal information and does not constitute legal advice or create an attorney-client relationship.

Gift Deed land registration by fraud

3 Answers

She must file a Civil Suit for:

“Declaration & Cancellation of Gift Deed + Recovery of Property + Permanent Injunction”