Can a gifted property under mutual consent divorce be revoke

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.

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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.

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

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. 

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.

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.

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.

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.