• In my absence my sis with my brother in law executed a fake reg

In my absence my sister with brother in-law executed a fake gift registry, forcing my father to sign the document at registrar office mentioning in the doc that my paternal aunt is orally transferred the property on my fathers name before she expired but the property was of my paternal aunt and in her life time she registered a will at registrar office clearly bequeathing the property on my name and making me the absolute owner. How to cancel the fraud registry and legally how important it is in the eyes of law.
Asked 8 years ago in Property Law
Religion: Muslim

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8 Answers

You have to file a suit for cancellation of the gift deed on the ground that your father had no right to execute the gift deed in respect of this property as it has been bequeathed by your paternal aunt to you during her lifetime. Unless the gift deed is cancelled it will remain valid for all legal and practical reasons.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you have to file suit to set aside gift deed executed by your father under coercion .

2) seek declaration that you are absolute owner of property by aunt will

3) apply for probate of aunt will

Ajay Sethi
Advocate, Mumbai
96287 Answers
7757 Consultations

5.0 on 5.0

Hi

1) If your paternal aunt has made a registered will in your favour, then your father or your sister/brother in law does not have any title over the property.

2) Since there is no title, your father cannot execute any gift deed on the property. Even if any Gift deed has been made, the same is null and void in eyes of law.

3) So you have to file a suit for cancellation of Gift deed and

4) Also get the will executed by your aunt in your favour probated in the court of law.

Once items mentioned in 3 and 4 are done, you can be free from all the unwanted nuisance so created by your sister.

5) For probate of will, you need to pay to the court in the form of court fees a stamp duty of about 5% of Fair market value of property.

6) Time lines for cancellation of Gift deed and Probate of Will will be approximately 12-18 months depending on the Pecuniary jurisdiction of the courts in which you need to file both of the above suits.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

As the owner of the property was executed a registered will in your favour and if she is not alive then Will is valid document, gift deed has no value in the eyes of law.

You may file a criminal complaint against them for their illegal acts.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Your father has ti move court to set aside gift deed executed by him on grounds of coercion

2) unilateral cancellation of gift deed is not possible

Ajay Sethi
Advocate, Mumbai
96287 Answers
7757 Consultations

5.0 on 5.0

1. SRO has no authority of law to cancel the gift deed, it can be done only by the civil court.

2. The SR is bound to register the deed if requisite stamp duty is paid thereon.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In my absence my sister with brother in-law executed a fake gift registry, forcing my father to sign the document at registrar office mentioning in the doc that my paternal aunt is orally transferred the property on my fathers name before she expired but the property was of my paternal aunt and in her life time she registered a will at registrar office clearly bequeathing the property on my name and making me the absolute owner. How to cancel the fraud registry and legally how important it is in the eyes of law.

If you are in possession of the registered will which has been made in your favor, what prevented you to enforce the will and acquire the properties by applying for mutation of revenue records and transfer of all other records in your name.

You can do it even now and subsequently you may file suit for cancellation of the gift deed done fraudulently by your relatives if the gift deed was executed by a registered document.

T Kalaiselvan
Advocate, Vellore
86488 Answers
2301 Consultations

5.0 on 5.0

I have transferred the property thorough a gift deed on my Wife's name and that is also got executed, but when requested to sub registrar to cancel the Gift deed done by my father, SRO is not ready to cancel it even though I showed her all the documents 1. Registered WILL Deed 2. GHMC Mutation certificate 3. Property tax on my Name and even my father(age 84 years) ready to come for cancellation of Gift deed done by him unknowingly as my father don't know the content of the executed document, they have not showed to him. He only signed the document which was presented to him in front of SRO.

The gift deed executed by your father in favor of a third person cannot be revoked unilaterally. The registrar cannot entertain any such application to cancel the gift deed. The only option is to aproach court with a suit for cancellation of the registered gift deed.

T Kalaiselvan
Advocate, Vellore
86488 Answers
2301 Consultations

5.0 on 5.0

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