Advice in case mother's property is transferred fraudulently by son.
06-Nov-2023 (In Civil Law)
One of the seven children buys a plot in the name of mother. She was not having any income at that time. Several years later before her death one of the son uses her (willingly or unwillingly) signature to make the plot in his name. Now, the person who bought the same wants to make it include it in the whole land property which has to be partitioned among 7 children.
The facts posted lack clarityAny how, no definite suggestion is possible unless the documents are perused and facts analysed...
Helpful?
18+
IS the property transferred by gift deed or sale deed ?
Please understand the definition of gift deed .
“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
Section 31 of The Specific Relief Act, 1963 provides how and when cancellation of an instrument may be ordered.
(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and ordered it to be delivered up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the facts of its cancellation.
You have to establish 3 conditions for suit under this section:
(i)The instrument is void or voidable against him.
(ii) He may have a reasonable apprehension that such instrument may cause serious injury.
(iii)Court must adjudicate the instrument as void or voidable.
Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief.
So file a case to declare the deed executed by mother in favour of brother is null and void.
Please understand the definition of gift deed .
“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
Section 31 of The Specific Relief Act, 1963 provides how and when cancellation of an instrument may be ordered.
(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and ordered it to be delivered up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the facts of its cancellation.
You have to establish 3 conditions for suit under this section:
(i)The instrument is void or voidable against him.
(ii) He may have a reasonable apprehension that such instrument may cause serious injury.
(iii)Court must adjudicate the instrument as void or voidable.
Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief.
So file a case to declare the deed executed by mother in favour of brother is null and void.
Helpful?
15+
If you have sound evidence to prove that the plot is transferred fraudulently, then you can file a suit to set aside the sale deed allegedly executed by your mother. I am not followed what you intended in the last sentence of your quarry.
Helpful?
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