India  |  Real Estate Law

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11/19/09, 6:09 am

Legal Question


Hello all,

This is Babu from Bangalore, we belong to hindu family.

I have a query regarding the "Gift Deed" property.

My father has bought the property during the year 1980. And he is the only owner right from day it was registered on his name. Recently he had gifted this property as "Gift Deed" to his Grandson (who is physically handicapped by birth) and to his second Son. The Gift Deed has been registered in register office with interest of my father on that day along with the witness. The person to whom the property has been Gift Deed are first wife grandson and son. The first wife is the legal person with whom my father was got married. There is no divorse given to first till date.

But My father is having an illegal affair with a women, who is his second wife. Now she(second wife) along with my father they are going to court stating that they(second wife and father) need a share in the property which was "Gift Deeded" to first wife's grandson and son. Now my father is in her side(second wife).

I just want to know if they go to court irrespective of any clause they frame in the court, will they(my father and his second wife/children) get any share in this propertly which has been Gift Deeded. ?

Now if my father goes to court along with his second wife and says he was forced to transfer the propertly as Gift Deed to his first wife grandson and son, will the deed be cancelled as per law in any clause... ?

or will the second wife/children get any share in the gift deed property.

regards,

babu


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11/19/09, 8:36 am

Legal Answer


The gift deed must be studied to render advise. However, it seems that your father may not be able to undo the gift deed registered in 1980 from the narrated facts.

email me at:

helpdesk@lawconcern.com

Seshadri Srinivasan

www.lawconcern.com 7A Queens Court 130 Montieth Road Egmore Chennai Chennai,india, NUS 600008

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11/20/09, 2:18 pm

Legal Answer


You may not speculate the court order.

Sudershan Goel

Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA Punjab and Haryana High Court Chandigarh, 110001

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