SuperNuvos (Own) 06 May 2016

Gift deed question

Hello Experts,

This is a question about gift deed. It's about my colleague.

He is elder of the two sons and his mother is single. His mother has 3 properties. She wants to prepare a gift deed to gift one of the property to her elder son and rest to younger one. Incidentally younger one is undergoing divorce (case still going on). There are few questions about gift deed for younger son:

1. Can wife of younger son claim the properties being gifted to him by his mother/inherited from his mother?

2. Will it help if mother mentions that property is exclusively for the use and possesion by younger son?

3. How does the younger son legally keep the properties out of reach of this wife?

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2 Replies

Kumar Doab (FIN) 06 May 2016

The estate, earnings may be considered while deciding maintaiance,alimony.

After gift the property may acquire status of self acquired.

Engage an able counsel specializing in family/civil matters and seek advise on the matter and go thru;

THE MARRIAGE LAWS (AMENDMENT) BILL, 2013; Sec;13(F) (1) (2)

https://www.prsindia.org/uploads/media/Marriage%20Laws/Marriage%20Laws%20Bill%20as%20passed%20by%20RS.pdf

Your counsel can explain in detail to you.

Attached File : 60926 20160506133715 458651119 marriage laws bill as passed by rs.pdf downloaded: 135 times

venugopal 24 May 2016

Dear sir,

My grand father(hindu family) gifted his self accquired property to me in the year 2005,when i was minor by appointing my father as guardian.Now i became major ,through my father i already transferred property gifted by my grand father.

My question is Through whom (father or grandfather) I should transfer the property. whether it is valid by transferring property to me by my father.