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Prashant Agnihotri (Lawyer)     26 December 2014

Rights on already gifted property through gift deed

1. A army man is a widowee & has two children , he has two houses ,one house is inherited property & other he himself made.

2. After retirement from service he got married again at the age of 60 yrs in year 1987 with a divorced woman she has 1 daughter of unsound mind which is adopted on paper by the army men. 

3. In 2004 he made a gift deed on the name of  both children of first wife.

4. Now the armymen is of 84 years & a pensioner ,his second wife is of 64 years.

5. Both husband & wife don't have any property registered on their name.

My questions are:

a) What are the rights of a second wife on a "Matrimonial home" & "Shared household"?, & what are the rights on the property ,which is gifted by her husband to his first wife childrens,without her consent?

b) Can the he( Army men(retired)) can recall his gift deed?

c) What are the rights of a adopted girl on a property, which is of unsound mind?

plz answer



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 1 Replies

Adv k . mahesh (advocate)     26 December 2014

https://www.lawyersclubindia.com/experts/Can-a-gift-deed-be-cancelled-259126.asp#.VJ0-DsC3A

https://www.lawyersclubindia.com/news/A-gift-can-t-be-taken-back-SC-13653.asp#.VJ0-3sC3A

https://www.lawyersclubindia.com/experts/Can-a-gift-deed-be-cancelled-253751.asp#.VJ0-8sC3A

about gift deed already discussed above queries go through them 

a) What are the rights of a second wife on a "Matrimonial home" & "Shared household"?, & what are the rights on the property ,which is gifted by her husband to his first wife childrens,without her consent?

second wife if first wife is alive no legal rights 

 

once the gift deed is executed with both the parties consent and registered then it cannot be revoked or cancelled but with donee consent it can be revoked only 

 

b) Can the he( Army men(retired)) can recall his gift deed?

with the consent of donee only (first wife)only it can be revoked

 

c) What are the rights of a adopted girl on a property, which is of unsound mind?

 

plz answer

 

 


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