LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shyam Kadam   06 January 2018

Gift deed of my self acquired property to friend

There are lots of disputes between me and my wife. She has filed 498a against me and my 84 year mother with totally false claims. She has filed DV case also, but I did't got any intimation from court. My wife and her Mother, Sistor and Brother are very much greedy and always trying to extract money from me for various reasons. Although its 10 yeras of marrage, she frequently visits her Mothers place and stays for very long time. She comes back home only for money. 

Out of my retirement income, I receently build up good house at village of my native place. This is 100 % from my own income.Registered ageement of Plot is on my single name.  But my wifes and her relatives occupied this house and I am not able to visit this, because of fear of false 498a. Now I am really not able to think what I can do to get possession of my own house. Besides this, her name got added in grampanchyat records (Tax bill and assessement register) because of GR from government of Maharastra (without any information or consencent signature from me).

In this situation, it is possible that, I can sign registered gift deed and gift in to my friend to whome I can trust. And once, this gift deed is sign I can evict them and lock the premises. 


 11 Replies

Shyam Kadam   06 January 2018

N.K.Assumi (Advocate)     06 January 2018

498a and DV case filed against you. Better engaged a family lawyer and contest the case and let him advised you.

Vijay Raj Mahajan (Advocate)     06 January 2018

Sale or gift of immovable property will dis-entitle you from doing any thing with regards to the house and new owner of the property can throw them out being Intruders. As far the claim by wife in the house as having her name added in various records is concerned, the official who did by taking bribe will face the music because you have not anytime given NOC for them to notify her name in their records as the property is duly registered in your sole name.

Shyam Kadam   06 January 2018

Thanks Sir, I tried a lot with grampanchayat staff, used RTI extensively, met BDO also, but hardly anone resonded me. So only otion left for me is to sale or gift with registered agreement. My gridy wife and her relatives have already taken possession of one of the shop purchased by me with 100 % contribution from my own savings. Now I can not afford to loose more.

Kumar Doab (FIN)     06 January 2018

It is believed that you are all Hindu.


Kumar Doab (FIN)     06 January 2018

The relatives of spouse (wife as in query) cannot occupy the house of other spouse (husband; you as in the query).

They have NO say, stake, right, charge, claim …… do so.

If the land /house built on land is from on spouse’s (wife or husband) self earned/acquired resources then spouse (wife or husband) has NO forced share in it.

If you have provided your wife a right to reside in accommodation where you stay then ask your wife to stay in that.

Wife has NO forced share in self earned/acquired estate/property of husband.

Wife is not Coparcener in ancestral estate/property of husband.

If you are the title holder of the land /house built on land then you can dispose IT in your lifetime by a valid/registered deed in anyone’s favor even stranger….

In such matters that are mired in disputes outright sale is best option and one may enjoy the proceeds as one wants.

Although registered gift deed is one of the options and you can go ahead with IT.

The owner can evict the unauthorized occupants.

Kumar Doab (FIN)     06 January 2018

If there is an error; deliberate or by oversight in revenue/other records that can be asked to be corrected by the owner.

Although you trust the friend, still IT shall be in your interest to discuss in person with a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/family/civil matters and having successful track record in such matters….. and show all mutation records with link docs, proof of source of funds and share your intent and understand various options and merits, so as to defend your interest in the best possible manner and draft a deed for you, that you may want.


Since you are retired you should be senior citizen and so may be your friend.

You may go thru provisions of ;

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

and rules framed by your state under the Act and decisions/judgments under the Act and Rules.

It offers quickest, most economical recourse.


Rest, discuss with your own counsel and share full facts of the matter and proceed as deemed fit to you at your end.

Shyam Kadam   06 January 2018

YES sir 

Kumar Doab (FIN)     06 January 2018

The above post are already by bbelieving that you are all HIndu.

Kumar Doab (FIN)     06 January 2018

The above post are already by believing that you are all HIndu.

k.n.VIJAYAKUMAR   23 March 2018

Sir, all the above learned counsels gave correct ideas. one last -  If you want to sell - then the money could be contested to part with . If you want to gift - even then you have to pay for the stamp duty  to the state govt. Then it could be taxed on the person who gets it.

Next - this person should be a good person who should up keep you till your last breath.   Nxt why do want to be there - who harass you. You can go to any place of your choice , religious , or service based etc , stay there who will take care of you also &  you could be safe also.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query