ashokj 20 February 2017

Forgery on gift deed of immovable property

Hi,

This is the situation with one of my relatives. Mr A and Mrs B are siblings. Their father Mr. F acquired land and constructed a house in 1970. Mrs B is married and stays with her family elsewhere. Mr. A lives in father's house with his family. As on date Mr F and Mrs F have passed away. A and B has a distant relative Mr X who is a 420. After death of Mr F in 1984 and Mrs F in 2000, he (MR.X) has executed a gift deed by Mrs. B in favour of Mr. A saying she would transfer her share to Mr.A as gift. Actually she has not executed that, but her signature is forged by Mr. X (with the permission of Mr. A) Mrs. B is not at all aware of this fact. In future if this becomes a dispute and matter goes to court will Mr. X and Mr. A, both go to jail?? PLZ TELL ME WHAT IS THE PUNISMENT.

Further, Mr. A's children have joined job and are thinking of demolishing the property and constructing a new one? To what extent can Mrs. B and her family interfere?

What would be the ultimate situation in case she enforces her right to share in the property??

Children of Mr. A are my close relatives. I need to advise them on future complication...

Pls advice. I dont know much about property disputes....!!!!

Reply Follow

5 Replies

Kumar Doab (FIN) 20 February 2017

It is believed that all are HIndu.

Confirm!

Kumar Doab (FIN) 20 February 2017

For gift of immovable property gift deed has to be registered before registering authority.

So who appeared and signed?

Kumar Doab (FIN) 20 February 2017

The property in the hands of F (Father) was self acquired or joint/HUF/ancestral?

If all are Hindu and property is ancestral and F dies in 1984, B may not have share ( Subject to scrutiny of all facts and docs on record).

If all are Hindu and property is self earned/acquired B has a share.

ashokj 20 February 2017

All are hindus. As far as my knowledge of facts are concerned, Mrs B was taken to registering authority and was lied that signature is required for something else!!!. But im fully aware there is some forgery invoved with Mr. A being fully aware....Isn't any other document required for gift deed of immovable property??