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Author Topic: cases applicable for gifting property after relinquishing rights  (Read 581 times)

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Offline sreesupandi

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Hi

Question in context of my property case: http://www.legalserviceindia.com/lawforum/index.php/topic,6551.0.html

Buyer pays Seller full consideration in two parts for a plot and leaves registration of the plot open for future. Same is recorded in two separate white papers, one for each part payment. Those two papers are attested by seller and witness who happens to be seller's spouse.

After a 20 years distant stay, buyer returns and orally engages with seller to register the plot. During such engagements, unbeknownst to buyer, seller registers the plot as gift to witness. During subsequent continued oral and written exchanges also seller and witness neither offer to register nor reveal the gift transaction and do not rescind it either.

Are seller and witness liable for criminal prosecution? What all IPC sections can police/plaintiff file against seller and witness, specifically do below merit a chance given the described events:
a) IPC 108 to 117 Abetment
b) IPC 120 Concealing
c) IPC 120 A&B Criminal Conspiracy
d) IPC 202 omission of information
e) IPC 207 Fraudulent Claim to Property To Prevent its Seizure
f) IPC 209: Dishonest Claim in Court; Witness had claimed after receiving the gift in court in a separate suit wrt same suit against a third party while in receipt of photocopies of the contract that he is owner of the plot. 
g) IPC 213-215 Gift to screen an offender from punishment
h) IPC 327 Voluntarily Causing Hurt to Extort Property
i) IPC 403 Misappropriation
j) IPC 405 criminal breach of trust
k) IPC 410,411,414 stolen property
l) IPC 415,423,424 Cheating
m) IPC 425 Mischief
n) IPC 441 Trespass: occasionally witness comes onto plot to create problem for us
o) IPC 477 Fraudulent Destruction Of Valuable Security


Reagards

Offline advjaibansal

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Re: cases applicable for gifting property after relinquishing rights
« Reply #1 on: May 26, 2016, 02:22:26 AM »
Dear Sir,

Please give little more details of what you are asking. Unable to understand your question fully.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline sreesupandi

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Re: cases applicable for gifting property after relinquishing rights
« Reply #2 on: May 26, 2016, 11:50:17 PM »
Dear Sir,

Please give little more details of what you are asking. Unable to understand your question fully.

Regards,

Sorry if it was confusing.

Simply put, buyer paid full consideration and in return seller executed a simple sale deed, with her husband as witness, promising "registration will be done when asked for by buyer". 25 years later seller registered a gift deed favouring the witness (her husband). Buyer came to know about it now, 31 years after simple sale deed and 7 years after gift deed registration. When confronted, seller is now refusing to cancel the gift deed and refusing to register to buyer.

Can buyer complain to police about this? What IPC sections might be applicable on seller and witness (seller's husband).

Regards.


Offline advjaibansal

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Re: cases applicable for gifting property after relinquishing rights
« Reply #3 on: May 27, 2016, 05:48:03 AM »
Dear Sir,

As per my understanding for filing a civil suit for getting some relief the law of limitation may go against you. However, you may file a compliant for cheating against the seller under section 420 of IPC.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline sabbavarapusreenuvasu

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Re: cases applicable for gifting property after relinquishing rights
« Reply #4 on: June 15, 2016, 12:46:29 AM »
as Transfer of property Act and Registration Act, every transfer of immovable property more than Rs.100/-should be effected by through registered deed. it means only after registration the rights in property transferred from one person to another person. in your case your property not registered so that rights over the property not transferred from one persons to another.
in your case already 20 years have already passed so that you cannot file a suit for specific performances. as per limitation Act a suit for specific performance should be filed with 12 years from the date of agreement.
in your property rights not transferred so that the buyer can gift away the property to his wife is valid in the eye of law.
 

Offline advjaibansal

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Re: cases applicable for gifting property after relinquishing rights
« Reply #5 on: June 15, 2016, 05:25:24 AM »
Dear Sir,

Your problem is such that without looking at the documents no specific reply can be provided. I would suggest to visit a lawyer for proper consultancy. The lawyer after looking at the documents may come with various ideas and solution to take the case forward.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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