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Maya Kumar (None)     20 June 2012

Granddaughter rights on grand father's flat received as gift

Hi, I have a question regarding my father's property(house) which was gifted to him by my grand father sometime after the enactment of the changes in property act in 2004. As per the deed, my father has been given absolute rights over the property by grand father. In this situation, my brother filed a divorce case on grounds of cruelty and as part of the out of court settlement by mutual consent he is paying a significant chunk of amount as permanent alimony to his wife and minor daughter. My question is, after getting divorce by way of mutual consent with permanent alimony will his wife or daughter be able to make any claims in future over my father's property? For my marriage and to settle his debts, if the house is disposed or sold by my father before or after the divorce decree for my borther is passed , in future can my brother's wife or daughter make any claim over this sale? Please guide me since we have been facing lot of trouble created by my brother's wife for a long time by the way of various cases filed against our entire family using provisions of Domestic Violence Act, Sec 498A, Sec 125 Cr. PC, etc. we want to get out of this mess and move forward. At the same time we want to make sure that we dont get into any problems in future from his wife or daughter after his divorce. Pls. help. Thanks.



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 2 Replies

K.K.Ganguly (Advocate)     20 June 2012

Your brother's wife will have no right on your father's property which has been gifted to him by his father. Your father can do anything legally with his property  in his life time which can not be challenged by any body. However, in case of his demise intestate, your brother's daughter gets a share in your father's property which will be equal to exactly what her demised father would have got, had he been alive.


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