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Muralidhar Mysore (Retired)     27 June 2011

Desertion and DV ACT

What is the status of a self earned property after it is given away through a Registered Gift Deed?

Can Self Earned property be given away to anybody? In fact, it is given to the daughter.

If it is given through a proper registered gift deed during the life time of a person, can anyone challenge it in court? Can court meddle with it ?

This question is in relation to a daughter in law (with a male child), who deserted her husband just 6 months (1996) after marriage has an eye on the property, has filed a DV case against her husband & sisters, had asked for residence/share in the court of law (2010) with her imaginary allegations. An Interim Order has clearly declined it in the lower court.

The husband being visually impaired (partially blind) has no earnings and is looked after by the sister sympathetically, who once had a good job and last it due to mental depression caused by the desertion/curelty of his wife, followed by the death of his parents.

She has gone on an appeal again in the Magistrate Civil Court against it and may even go to High Court, as we understand it.

How can we go about it? Is there slightest chance that the court may order the gift recipient, the legal owner, to share a part of the house/property, which that lady would never deserve.

We are confident of proving her Totally Wrong as she has been misleading the court with her wild allegation, which she failed to prove.

Is this a case for marriage dissolution? Can we sue her for Black Mailing and go ahead with a defamation case?

What punishment would the court award against her for misleading the court?

Pls throw some light on this.

Thanks for all your kind help Gentlemen!



Learning

 2 Replies

Saurabh..V (Law Consultant)     28 June 2011

@Murali

 

Simple rule regarding seperate property is that whoever owns seperate property, has full right to gift it, especially to a daughter.

 

In your case as you have gifted it to a girl, and gifted property was seperate property, then in the lifetime of the husband, wife cannot claim anything from this. This is the reason an interim order has also been passed.

 

Quick word of caution would be to stay on your toes as such 498a type women never seem to understand the language of humanity and they would rot themselves in hell to see a scratch on your face. So be prepared and give your best shot in high-court.

 

As normal practice of the courts, when an order is passed, generally higher courts do not interfere with it unless there are no compelling reasons or there is incorrect application of law. In your case you have everything in your favor.

 

All the best

 

//peace

/Saurabh..V

Muralidhar Mysore (Retired)     08 July 2011

Thanks very much Sourabji for yor quick and encouraging response. It has given us great relief and encouragement. We feel hurt to go to court and stand there, particularly in the criminal courts, as whole of life we have lived a life of respect and honesty. We are all right in the eyes of God Almighty and the court has turned down her request, fortunately. God sees the truth but waits. But still, shamelessly she has approcdached higher court, Addnl Ses Judge, which is Fast Track Court. Our time is precious but it is being spent for a purpose like this, unnecessarily draged by that horrible lady. HOwever, it is also an experience, though bitter, yet we are destined to go through this ordeal. I know God would gives us strength of mind bear it and wonderful people like you to stand behind us solidly to fightout this falsehood. May God shower on you the best in your personal and professional life, would love to see you rise as high as to become the Chief Justice of India, why not if your deserve it. Thanks and regards again.

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