False gift deed
Krishna
(Querist) 05 October 2011
This query is : Resolved
Hi
We have registered land partition deed between my brothers 30 years back...
I have sold almost all my share except 500Sq yards in the middle leaving for my self to build a house:)...
When I sold the land, my brothers have singed as witness for the plots plots adjacent to my 500 SqYrds plot...
They don't have single inch of land near my plot. They have also sold their portion of the land which is beyond the plots I have sold for which they have signed as witness..
Recently from last 2 years one of my brother is trying to grab my plot, as I am not staying locally...
I filed a civil suit and got temporary status-co order from the court. While in the process of getting permanent status co, my brothers have managed the judge and got the status co order vacated...Its very clear that they have bribed the judge to get this done.
Now recently a month back my brother is trying todo some construction activity at the site, and when I inquired in the sub registrar office I came to know that my brother has gifted the my plot to his son without any base...
The point he has mentioned in the registered gift deed was, we have decided to make partition orally some time back and both brothers signed and got the gift deed registered.... This is another bribing case at sub register office...
This is very clear that my brother is trying to cheat me with this false gift deed....I have procured all the registration documents which he has witnessed when selling the plots...
My advocate suggested that I have to file declaration suit paying the stamp duty to vacate the false registration done by brother
What are my options to file criminal cheating case against my brother?
What are my other options to come out this issue?
prabhakar singh
(Expert) 05 October 2011
Though gift deed got registered by your brother in favor of his son is with out right title or interest vested in donor hence nothing has passed to his son donee but it cancellation is a must since it is a clog on your title.
File only a suit of cancellation of this unauthorized title less document on which very nominal court fees would be payable and in addition also file a suit for perpetual injunction against them.This too also demands only very nominal court fees.
In my conception of law a suits for perpetual injunction embeds relief of declaration as court can not grant perpetual injunction until and unless it arrives at a finding that plaintiff is owner as well possessee of the suit property,then seeking declaration relief paying large court fees is of not very practical use in my opinion.
Sailesh Kumar Shah
(Expert) 05 October 2011
In addition to advise of Shri Prabhakar Singh, you can also lodge FIR.
Krishna
(Querist) 05 October 2011
Thank you for your advice..
Can you please let me know more details on FIR..
Arun Kumar Bhagat
(Expert) 05 October 2011
You register an FIR for the offence punishable u/s 420/467/468/471/120B with local Police Station alternatively you can file an application u/s 156(3) Cr.P.C before the area Magistrate for direction upon the Officer-in-Charge of local Police Station to register an FIR and to investigate.
Chanchal Nag Chowdhury
(Expert) 05 October 2011
On what ground was the order of status quo vacated? Is the suit pending? What did U do after that? Did'nt U appeal?
Act as advised by the experts & fast. If your original suit is pending , see whether it can be modified or else, file separate suit.
Remember, for recovery of possession, in case he is able to take it, U will have to pay court fees based on the value of the land.
Krishna
(Querist) 05 October 2011
status-quo vacation judgement is so dumb and useless, that judge has addressed the points which are not in petition of either parties...Basically other party has been postponing for few months. and one fine day with out the knowledge of our advocate the judge has dismissed...
We have appealed in district court after that... While this is in progress my brother is creating problem by starting work at the sight...
