KAMAL KUMAR BORO 27 March 2018

Defrauding by unregistered land gift deed

My wife was gifted a piece of land by my father-in-law in writing on a stamp paper of value rs50 and rs 10. The document is not registered. Me and my wife have invested money in the above mentioned piece of land by building a two storey building. Now my father in law is dead against giving that land to my wife. Can a case funder IPC 420 be filed against my father in law or can anyone suggest the IPC in such a case?

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6 Replies

R.Ramachandran (Advocate) 27 March 2018

You cannot do anything.

It is you who invested the money, without knowing anything, without consulting anybody.

Are you not aware that without Registration by paying applicable Stamp Duty, the Gift Deed has no value?

Kumar Doab (FIN) 29 March 2018

Ask your F IL to refund the money invested by you.

This is the point where either the issue gets resolved amicably or dispute is raked up..

Prefer to settle amicably..

Kumar Doab (FIN) 29 March 2018

In future remember immovable property can be transferred by title holder in his/her life time by valid/registered deed e.g; gift deed.

KISHAN DUTT KALASKAR (Advocate) 30 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert

Sudhir Kumar, Advocate (Advocate) 01 April 2018

There is no complication in the given facts.

Your wife was never gifted any property whatsoever (atleast as appearing from your statement) and you voluntarily spent money on the property. Giver facts dod not indicate if you or your FIL asked/induced you to invest.

You can get nothing.

Sudhir Kumar, Advocate (Advocate) 01 April 2018

Originally posted by : Kumar Doab
	Ask your F IL to refund the money invested by you. This is the point where either the issue gets resolved amicably or dispute is raked up.. Prefer to settle amicably..

Needless to say that during this period you and (or) your wife must hae worked hard to annoy your FIL so that he is taking "U" turn. amicable begging may (or may not ) yield some partial refund.