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Praveena (Analyst)     05 September 2012

Rightful owner of property

hi One of Friend in a struck in very bad situation, can anyone plz give the suggestion for the below problem

My Friend Prema Elopped from Home and got married to her mother's Sister's Son Named Srinivas way back in the year 1983 in Temple, they lived together for around 25 years till sad demise of her husband in the year 2006, they dont have any children as such and her husband has left her some property, now the mother of her husband is claiming the property stating the the marriage was void between them hence the she(my Friend Prema) does not have any right on the property.
She is all alone now... please help



 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 September 2012

Under Hindu law, certain conditions have to be fulfilled for a valid marriage to be solemnised between two individuals. The first requirement is that neither party has a spouse living at the time of the marriage. The second condition is that the parties are capable of giving valid consent and are of sound mind and do not suffer any mental disorder or recurrent bouts of insanity. Individuals who are sapindas to each other or fall within prohibited relationships are also barred from marrying, unless permitted by custom or usage.

Praveena (Analyst)     05 September 2012

but sir, almost 25 years they lived together,what about that

Adv. Chandrasekhar (Advocate)     06 September 2012

If her husband has left the property through a will, the widow has got full rights on the property irrespective of the fact that her marriage is invalid.

Praveena (Analyst)     06 September 2012

Sir Thanks for your replay,her husband has not left any will but he has made a very strong GIFT DEED in her name, stating no one as any right over the property except herself.will GIFT DEED enough for the evidence

Praveena (Analyst)     06 September 2012

And even the GIFT DEED is registered duly..

Adv. Chandrasekhar (Advocate)     06 September 2012

Registered gift deed is a valid instrument to transfer the property from transferor to transferee as per the provisions of Transfer of Property Act.  So, the widow is the absolute owner of the property gifted to her.  She must ensure to keep in possession of that property so that to prevent any dispossession of the property from her custody by the unauthorized personnel forcing her to run from pillar to post to reclaim the property.  If the widow is in possession of property, and if any person, for example, husband's mother, knocks the doors of court claiming the rights on property, during the pendency of such legal proceedings (which will take years together),  the widow will be in possession and can protect her rights on the property.  So ensure that the widow will be in possession of the gifted property.

Praveena (Analyst)     07 September 2012

Hi Sri, Thanks a lot for your reply, this seriously makes me and MY Friend bit relief,  Sir  i have sent a mail to you giving you futher details in a chronological order for a complete Picture.

 

 


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