Father liabilities to his Sons/ daughters
3 years ago
Dear Sir/Madam
My Father on his own funds created a venture in 1982 , some plots sold with boundaries till 1985 and some with plot numbers , now after 30+ years there are some conflicts on the plots sold and it is projected as double registrations(My father has not done anything intentionally )
My Questions:
1) is it considered as criminal or civil case as some of them claiming it is cheating to register a plot once with boundaries and once with plot number even though it is done unknowingly .
2)My father is 75 years old , what is the liability on his legal heirs now / after him , we were not involved in any of these transactions and we don't even know there was a venture that time . it was purely on his own funds .
Ankur Goel @ Complete Law Shield
Responded 2 years ago
people can file criminal case of cheating, fraud.
in case of a civil case, the recovery or compensation can be made from the father property limit to which was inherited by the heirs.
in criminal case, legal heirs cannot be punished.
Double registration of immovable property is a serous problem. Since registration while selling or buying property is an important step as it ensures that a legal ownership title is legally transferred. Aggrieved party in cases dealing with double registration usually initiates case for cheating and fraud. However, in such criminal offences intention plays a significant role and if you are able to establish in court that the registration was done twice without any dishonest intention then you will be acquitted. However, either in this case or in a separate civil suit your father might have to pay recovery amount or compensation. Legal heirs will have a liability only in civil case where they might have to pay compensation but in criminal case instead of the father the legal heirs cannot be punished.
If you find this helpful please rate my answer. Thank you.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Registration of immovable property while selling or buying is an important step since it helps in ensuring that a legal ownership title is guaranteed to you. In case, of double registration, the opposite parties can institute both civil and criminal cases against you. Former, for fraud or cheating and latter for declaration of title in regards to the property and recovery of consideration or compensation. However, it is important to note here that in a criminal case, establishment of malicious intention of parties is very important. If you can prove that double registration was caused due to an honest mistake you can escape liability. As far as liability of legal heirs is concerned, in case of a civil case, the recovery or compensation might be made from the father's property which was inherited by the heirs whereas in case of a criminal offense legal heirs cannot be punished.
If you find this helpful please rate my answer. Thank you.
Tree near boundary
Property way dispute
Suit for Declaration Clarification
Regarding Preamtion
Building house on land assigned for shop
