taha mohammed 11 March 2022

Unregistered Gift Deed prepared by 1st wife and claiming property rights

Hello everyone

My dad has 2 wife's... i am the son of 2nd wife.. First wife has created a fake Unregistered Gift Deed along with back dated in the year 2012 . Her son has also forged by dad's signature in the Unregistered Gift deed of the property.

we were in possession of the property till 2018 but they claim that they were in possession from 2012 and they acknowledge this fact with fake Unregistered Gift deed

My dad has given a Registered gift deed of the property in 2018

can the first wife claim property via fake Unregistered Gift deed of 2012 and also she claims that gift was done through Mohammadian Law wherein Oral Gift is valid

Help me understand if first wife can claim the property with this unregistered Gift deed and dad's forged signatures on the document by the first wife son

Thank you

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Quick Summary

The discussion concerns a dispute over property rights where the first wife has allegedly created a fake, unregistered gift deed with a forged signature from the father in 2012. She is now claiming property rights based on this document and also invoking Mohammedan law regarding oral gifts (Hiba). However, the father later executed a registered gift deed for the same property in 2019. The advice suggests that an unregistered gift deed has no evidentiary value, forgery is a criminal offence, and the forged deed can be challenged in court. Evidence will be crucial to prove the forgery and defend the father's registered gift deed.

3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 12 March 2022

Hello,

Unregistered gift deed has no evidentiary value. Moreover creating forged documents with forged signature is offence under IPC. You can register fir against your step brother and mother. Claim on the basis of fake documents will not survive in the court of law.

Palak batra 12 March 2022

Dear Querist,

If the gift deed is forged then a suit for cancellation of deed and entries made in record as per deed can be filed. One needs evidence and proof to substantiate the gift deed is forged or fraud.

Challenge the said gift deed and subsequent transfer of the property in the court. if the gift deed is registered then in that case the registrar is not bound to intimate the legal heirs about the transfer. You may go ahead and challenge the gift deed and the transfer of the property.

One can also seek an injunction restraining sale of property.

Regards,

Palak

taha mohammed 13 March 2022

Thank you Shirish and Palak for answering the question.

To add few more points to the case :
* First wife claims the property rights via Unregistered Gift Deed and also MOHAMMEDAN law of HIBA i.e Oral Gift
* Whereas my father has gifted the same property via Registered Gift Deed in 2019
* First wife claims that Oral Gift unde Mohammedan law Hiba was done in 2012 along with Unregistered Gift Deed

Now a civil suit is filed for cancellation of my mom's Registered gift deed in 2019 claiming that oral gift was done to first wife via Unregistered Gift deed and Mohammedan law Hiba which is completely false and bogus and my father has never done oral gift or Unregistered Gift to first wife

how to prove that Unregistered Gift deed was forged by first wife