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Rajan   14 February 2024

Legal claim to already transferred property

Hello all, I hope you all are doing well! 

I'm Rajan from Mumbai and my question is - can my father or his family members from his first marriage, lay claim to a property that my mother has transferred to me via a gift deed?

Background - 

  • My mother is my fathers second wife
  • He has 3 children from his first wife. He has not divorced his first wife yet
  • He and my mother might have a marriage certificate registered. My mother does not recollect this
  • The house we stay in was bought in my mother's name, with financial contribution from my mother as well as father
  • My mother decided to transfer the property to my name, since we fear that my father might transfer it to either of his children from the first wife and they are predatory in nature

Question -

  • Can my father or other family members sue me to get their equity in the property?
  • If yes, how can I start mitigating trouble beforehand?
  • Are there other things in your esteemed experience that I should be careful about?

I would highly appreciate your kind opinions on this matter.

Best Regards.



Learning

 3 Replies

Real Soul.... (LEGAL)     14 February 2024

If your mother owned the propety and she gifted it then that cannot be claimed by anyone else

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 February 2024

If your father married your mother without divorcing his first wife, it was a punishable offence and his marriage to your mother may not be valid. But property rights are diiferent. If the house was in your mother's name and she gifted it to you, he cannot claim it back. If he tries to claim that he had partially contributed to acquire the house that would be a lengthy process.

T. Kalaiselvan, Advocate (Advocate)     14 February 2024

Now since the property was purchased by a registered deed on your moither's name, she becomes the absolute owner of the same, hence she can very well transfer the same to you by a gift or settlement deed.

If at all your father is claiming any share in it then he has to file a suit fo declaration to declare his title on the basis of his contribution towards purchase of this property.

His first wife's children cannot claim any rights in it during his lifetime.

Your step siblings cannot dispute this transfer.


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