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Cases Filled By Brother Against Brothers


22-Jan-2023 (In Criminal Law)
1.Husband purchased a property in wife name in the year 1990 from his own sources of income. Later at 2004 wife expired. Father got the property transfered to his name by producing death certificate of wife. And got khata transferreed to his name. And further father executed gift deed in the name of childrens. Except one child. Now that one child has filled criminal case .He is saying father was not in good condition . And he has some doctor report. But father has only visited subregister office and executed gift deed. Document includes father signature, thumb impressions and also his photo . He has filled sections 420 ,120b 467 , 471. All this has taken 5yrs before . But he has filled case now. Can he file criminal case??Because its related to civil. And what can be done from our side. We got gift deed executed from father.
Answers (3)

Answer #1
762 votes
It is not maintainable in eyes of law but rest of depend upon the facts of te application which your brother has been lodged to police... U need to take seriously this matter if the FOR got registered or the investigation is started than its quite difficult to rather than if u handle this matter carefully at this stage.. You can reach me
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Advocate AK Rohilla

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Answer #2
602 votes
yes he can file a criminal case against you. A husaband cannot inherit the property of his wife if their are children alive. he can argue in the court that at the time of goft deed the father was influenced by you.
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Advocate Sonit

Adv. Sonit

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Answer #3
900 votes
on the first instance, father had no power and right to transfer property back to his name. once he had purchased property in the name of wife, and wife died without leaving a WILL, her property would devolve on her husband and all the children. her husband cannot transfer back property to his own name in entirety.
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Advocate Naresh Madan

Adv. Naresh Madan

LawRatoFaridabad | 25+ Answers
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