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can a gifted property under mutual consent divorce be revoke


Dear Sir, 

Me and my wife in Aug-19 decided to go ahead for a mutual consent divorce.

On inquiring the process, the lawyer of my wofe threatened about putting violence claim and all and under some threats pressurized under women law and advised wife and her family about taking house, jewellery and alley miney.

Since I git scared, I agreed to do with mutual consent and parallely executed gift deed for co owned house to single ownership of wife, jewellery was already with wife which she didnt give, asked for money and child custody.

Deed and transfer of property was done in Sept-19 and in feb-20 we filed for mutual consent. 

However, we were to continue as friendly relationship basis which I had agreed for the terms. However post this filing the complete attitude of wife and her famiky changed. During the pandemic when I got stuck in Mumbai they didn't even offer a stay in house on humanity. 

Now I wish to revisit my decision of mutual consent and want to claim my house back. 

Do I earn a chance to do so? 

 

Pls guide

 
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ha21@rediffmail.com Mumbai : 9820174108

1. IF Gift Deed was duly stamp duty paid and registered, THEN it is irrevocable, unless you prove that you were threatened /coerced /mislead to execute the Gift Deed.

2. Consider your decision about not giving mutual consent divorce, since living with such nefarious female, would make your life unpleasant filled with physical & mental trauma.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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Lawyer

Seek help and guidance of your lawyer if you have faith in him/ her. otherwise consult / engage another local prudent lawyer and challenge execution of the gift deed, presumably it is not a part of compromise deed in mutual consent divorce decree.

 
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Sir, below is the wording in mutual consent for the house formalities-

 

The petitioner No.2 as mutually agreed by both the petitioners, has transferred all of his shares from the shares from  the jointly held  flat No. 2, Palm Court Bldg., Plot no. 103 A,  Road no 4,  Sindhi Society, Opp. Acres Club, Chembur, Mumbai 400 071 to Petitioner No.1 by way of Gift deed.     Both the petitioners agree not to make any claim in respect of moveable and immoveable properties of each other in future in any circumstances

Pls guide

 
Reply   
 

Hello,

You can challenge your mutual consent divorce in high court. You can also challenge the gift deed and court  will pass the judgment as per merits of the case. Please note that if court set aside the divorce you will be husband and wife again. 

 

 
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Simply challenge in court.it takes 10years or even more.if you have time ,patience ,money to engage. Advocate  they comes to compromise.if not god is great.

 
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Lawyer

Originally posted by : Romit Bhatia
Sir, below is the wording in mutual consent for the house formalities-

 

The petitioner No.2 as mutually agreed by both the petitioners, has transferred all of his shares from the shares from  the jointly held  flat No. 2, Palm Court Bldg., Plot no. 103 A,  Road no 4,  Sindhi Society, Opp. Acres Club, Chembur, Mumbai 400 071 to Petitioner No.1 by way of Gift deed.     Both the petitioners agree not to make any claim in respect of moveable and immoveable properties of each other in future in any circumstances

Pls guide

Mr. Romit Bhatia,

My assumption was absolutely correct, the gift deed forms part of property/ alimony of your ex-wife, which you have gifted and not only stated but also admitted before the Family Court at the time of grant of mutual consent divorce.

It would be difficult to get the gift deed revoked / cancelled at this stage even if you attempt.

 
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Advocate

Your gift deed is a prior event and is unconnected with the mutual consent divorce petition which was filed later.

After she takes the possession of the gift it becomes her property in which you have no legal right of whatsoever kind. Invalidating the gift is also not possible normally.

The divorce petition filed this year will be taken up after six months. You can make the divorce petition invalid by not attending the court for the next 18 months.  If so, the marriage will remain valid.

She can file another petition of her own and seek or get divorce on account of some other legally valid reason.

 


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Practising Advocate

Who is living in the flat now. Did you give the actual possession of the flat to her.

If you do not attend for the second motion MCD petition will be dismissed by the court  after giving one or two adjournments as a chance for a you to attend.

 
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