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Ramesh Marathe (Liaison Manager)     21 May 2011

Status of the Gifted Property after the divorce

Mr.’A’ has gifted residential property at Bangalore to his first wife Mrs. B who subsequently divorced him and remarried someone else. Both  Mr. ‘A’ and Mrs.’B’ have got a son from their marriage and the said son has expired on attaining 33 years of age.  Meanwhile. Mr. ‘A’ has also re married Mrs.’C’ and subsequently Mr. A has also died intestate leaving behind his second wife and children. Mrs. ‘B’  (ex wife of Mr.’A’) has been in possession of the gifted property. However, Mrs. ‘C’ , the second wife of Mr. ‘A’ and their children dispute the title held by Mrs. ‘B’  since she has divorced her ex husband who gifted the said property and they now claim that they are the right persons to succeed to the said property. I seek the help from the learned Forum members in ascertain the legal status of the said property. Please clarify.



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 4 Replies

Ashok Yadav (Lawyer)     21 May 2011

Mrs. B is the absolute owner of the gifted property. No one can claim any share from her.

Advocate M.Bhadra   21 May 2011

Mr.'A' executed a Gift Deed to 'B' (first wife of A) during his life time since deceased, now 'C'(second wife of A) can not claim the said property in terms of Transfer of Property Act.
 

S. K. Vaidya (Employee)     22 May 2011

if the gift deed is registered then Mrs B will be the absolute Owner of the said property and C will not suceed

Ramesh Marathe (Liaison Manager)     23 May 2011

Dear Sir, Thanks for all for giving the valuable information on my query.

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