Gift deed

Bhiku (Querist) 26 May 2017 This query is : Resolved
My wife has filed fir against me and my legally adopted son under ipc 109,377 and pocso act 2012. I have executed a gift deed in favor of my adopted son and registered it. The society is refusing to transfer it to his name as my wife has written to the society not to transfer it as the same her matrimonial home. What is the remedy?

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Bhiku (Querist) 26 May 2017
Any advice?

Guest (Expert) 26 May 2017
Better show all the Gift Deed documents to a Local Good Senior Advocate and Seek a Legal Opinion

Guest (Expert) 26 May 2017
Basing on his Legal Opinion and If it is in your Favor You could send a Notice to the society to effect the Transfers enclosing the Legal Opinion by the Same Advocate

Rajendra K Goyal (Expert) 26 May 2017
If the property was in your name, you have right to transfer / gift / sell to any one of your wish till some stay from court does not exist.

Defend yourself on the charges / cases against you through some senior lawyer in the field.

Guest (Expert) 26 May 2017
Agree with Mr.RK Goyal

Guest (Expert) 26 May 2017
Defend your Case

Guest (Expert) 26 May 2017
Well Advised

Dr J C Vashista (Expert) 27 May 2017
Write to the President/Secretary of the Managing Committee of the Society to transfer the flat in the name of donee or face legal consequence.

Your wife has no right, interest, claim or title of her matrimonial home. It is your personal decision to dispose it and "gift" on being accepted is "final" and conclusive.

ADV-JEEVAN PATIL, MUMBAI (Expert) 28 May 2017
1)Self acquired property can be willed or gifted to the person of your choice. 2)Right to Registrar if not transferring
3) defend case if there is stay
4) Also keep in mind it is your obligation to provide shelter to metrimonial wife 5) Settlement within is best choice

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