Aditya 12 August 2018

Gift deed-kids (immovable property) challenged by 2nd wife

Hello Experts

I have 2 kids both girls, my wife died 15 years back. I remarried 2 years back. the lady brought kid from her previous marriage, but we could not settle. I filed for divorce but she refused to divorce. the case was taken back by me.

my house property is in my name. the lady also lives in our house, but seperately. she often accuses my kids saying that she is the owner of the property and my kids should leave the home. we don't take any action against her fearing any false domestic violence case. but i want to secure the future of my kids by transferring the property to them.

my query is whether a registered gift deed made by me to my daughters can be challenged by my wife?

or can she after my death take stay over the property?

or drag my kids to the court regarding any matter related to the property?

kindly clarify...

Regards & Thanks

Reply Follow

3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 12 August 2018

Dear querist,

If house is your self earned property then you can gift it your children.

1 Like

Aditya 12 August 2018

It is self earned property..What is the process to execute a deed and registration charges in the mohali region

SOLOMON.RAJ (advocate/director) 12 August 2018

Firstly your children will have the first right in your property and next come your second wife n her kid simultaniously.

You have to author a Gift deed on a NON JUDICIAL STAMP PAPER and list out the following.
1. movable properties.
2.Immovable properties.
3. gold n jewellery.
4. furniture and other appliances.
5. bank fixed deposits
6.balance of savings account.
7. cars n bikes.

All the above has to be divided amongst your children in the will deed after which please go to the sub registrar's office in your area with two witnesses and get itregistered.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086