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Family property Issue Filled Criminal Case
12-Jul-2023 (In Criminal Law)
Husband purchased a property in wife name in the year 1990 from his own sources of income. And property was registered in the name of wife.
Later at 2004 wife expired. And husband 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 . In the form of PCR and filled sections 420 , 471, 120b and other sections . He has some doctor records saying father was not well. And he has filled this case after 10 yrs of execution of gift deed now even father has got expired. He is saying that father was not well and they have forged fathers signature.
Generally when wife dies without will. Property becomes equal share between children and husband. Now since husband has transfered property to his name after death of his wife and executed gift deed to 3 children excluding one child.Will this leads to forgery?
Okay I understand your query in which jurisdictions the case was filed and then I will help you in this regards don’t worry about that you can free feel to contact me for further information regarding the same The ancestral property must be divided into all legal heir this is the law.
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Adv. Himanshu Jain
Adv. Himanshu Jain
Delhi | 100+ Answers
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I've understood your concern and I've an experience of dealing such kind of matters therefore, be assured that I shall assist you throughout the process in obtaining appropriate remedy for you.
Please reach out to me so that we can expeditiously start the process.
Regards,
Alankrit Bhatnagar
(Advocate)
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Adv. Alankrit BhatnagarÂ
Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
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the registration of the property in the name of wife makes it in the name of the lady..however if the nominee will be her husband then the property can be transferred to his name. if the lady does unfortunately without any nominee or will then only the property can be distributed amongst the heirs.
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Good Evening Sir/Ma’am.
I hope you are doing well.
Regarding your query, if any property is being purchased by parents with their self-earned money they can transfer the property to anyone they wish to. But, a criminal case in this situation is filed on the basis that they have forged the signature of their parents. This is a matter of trial.
Warm Regards,
Rohit Singh.
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Adv. Rohit Singh
Adv. Rohit Singh
Delhi | 25+ Answers
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After demise of wife, husband and children become her legal heirs and all will get equal rights in the deceased wife's property. When one child is excluded he may dispute the settlement made by the father in favour of other children. Depending on the strength of evidence produced by the excluded child the case will be decided. Because it is a criminal case proof must be beyond reasonable doubt.
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Dr. S. Diraviam Dinesh
Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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Greetings for the day,
In this situation which has been stated by you wherein after the death of wife her property was succeeded by her husband and he further gave the property to his children except one and that child has now challenged the said transfer, It is advisable to consult in private in order to maintain the privacy of the matter.
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Adv. Deepak Sharma
Adv. Deepak Sharma
Faridabad | 200+ Answers
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no this is not the amount in forgery.
in this case the other party only have a option to file a civil case by challenge the will of mother but no criminal case is arrise by this .
please share more details via this site
Thanks and regards
advocate Harish Kaushik
supreme court of india
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Dr. Harish Kaushik
Dr. Harish Kaushik
Delhi | 25+ Answers
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you can file a discharge application before the court
if you have sufficient evidence to prove your case so court will discharge you in this and give you relief
otherwise file quashing of complaint before highcourt
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Adv. Manindra Pandey
Adv. Manindra Pandey
Mumbai | 100+ Answers
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the gift deed can certainly be questioned in court of jurisdiction by filing a declaration suit or it may get challenged if any of his child establish or establishes that the deed was executed by misrepresentation or by doing forgery and done without any intention for gifting in his lifetime and can be revoked with the permission of donor & donee.
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Adv. Nitanshu Sharma
Adv. Nitanshu Sharma
Gurgaon / Gurugram | 200+ Answers
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