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Lalaji   15 May 2016

Can son give self acquired property to father by partition?

Dear Gurus,

Can son give his self acquired property to his father as partition by Rs100/- stamp document? Is it legal?



Learning

 14 Replies

dr g balakrishnan (advocate/counsel supreme court)     15 May 2016

it is just a gift not a partition pls. son can gift his self acquired property as gift to his father too. nothing wron; there is no idea of partition, as partition is for progeny factor mostly.

Lalaji   15 May 2016

Thank you sir for your quick response.

In fact, It was done without my knowledge using my forged signature on Rs100/- stamp paper with taking Talathi in favour and I'm not agree to that. Land cost is in lacs. Now 7/12 shows new name. which is competely cheating. How to handle this issue? pls guide me.

Kumar Doab (FIN)     15 May 2016

It is forgery.

Engage an able counsel seasoned and experienced in such matters.

dr g balakrishnan (advocate/counsel supreme court)     15 May 2016

when u post questions u shd correctly put yr statements; here according to you forgery you can move by FIR on forgery charges or move a private complaint to your relevant jurisdictional magistrate; then proper investigation might get ordered; might your son get arrested, if that is okay for you. tks

Lalaji   15 May 2016

Thank you very much Balakrishnan sir and Kumar sir.

I was under impression that partion will flow from father to son and then to grand son.....My point was will it legal if immovoble property partition ( not gift - in my case it's cheating )) go from son to father.

Kumar Doab (FIN)     15 May 2016

Showe all docs on record to an able counsel seasoned and experienced in such matters.

 

Kumar Doab (FIN)     15 May 2016

Is it the same query you have posted at:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=137148&offset=0#.VzhPRjV97IU

Kumar Doab (FIN)     15 May 2016

Is it the same query you have also posted at:

 

https://www.lawyersclubindia.com/experts/Hold-pralambhit-on-ferfar-for-registered-document-598911.asp

 

Lalaji   16 May 2016

Kumar Sir - it's different query. 

 

 

 

P. Venu (Advocate)     16 May 2016

Is the gift deed registered? Moreover, you have not disclosed the complete information.

Lalaji   16 May 2016

@Venu sir - This is my self acquired property from third party by registered document and my father submitted Rs100/- stamp paper declaration to tahsil office and Talhathi made mutation entry on fathers name behind my back. Now 7/12 shows fathers name but it's not registered document and it's cheating with me.

Lalaji   16 May 2016

Gurus  Let me put all points in sequence to make it more clear -

1> I have purchase farm land from third party from my salary by registered document on my name and got my name on 7/12 as per purchase document mutation enrty. 

2> after 2 years, my father behind my back along with Talhathi transfered this land on his name bysubmitting partition decalration ( stating that I'm giving partition to my father - entire land ) application to tahsil office and Talhathi did mutation entry accordingly. Now my fathers name is apprearing on 7/12 instead of me. I'm not ok with this. I want my land back on my name.

please guide me.

P. Venu (Advocate)     16 May 2016

You have posted a number of posting stating different and selective facts. Please make a comprehensive posting disclosing all the material facts/nformation.

Kumar Doab (FIN)     16 May 2016

It is forgery.

Engage an able counsel seasoned and experienced in such matters.

 

Show all docs on record to an able counsel seasoned and experienced in such matters.


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