Legal Question in Family Law in India
who is the real owner for this Property
Hii,
My Grand father presented one house to my mother during her marriage, later sometime my father and mother had a dispute and they both differed and divorced, then my mother married another person, who is having two wives already and they are not divorced, later my mother wrote her property to her second husband with registration in registration office and in that it is clearly mentioned that she is giving this property as a gift deed to him.
After some days they both having trouble each other and she kept a case on him to get back her property.
In the mean while unfortunately my mother died, now my Question is ''To Whom my mothers property belongs to'' As a son Am I eligible for my property as I didnot did any signature while she is giving her property to him or Is He eligible for that??
Is that Marriage Of my mother and her second husband is Valid as he is having wife before the marriage???
please can u give answer to me if any detials required i will give you,
waiting for your reply
Thank you
3 Answers from Attorneys
Re: who is the real owner for this Property
on the basis of information provided by you, there is no legal right vested in you.
the transfer effected by you in favour of her husband, irrespective of the validity of that marriage, is valid in law since it is a gift deed which can be executed in favour of anyone.
even she had not married that gentleman, she could still execute a gift in his favour.
at the worst the relationship between that man and your mom was adulterous qua him but valid qua her;
in any case, that relationship was sufficient to execute a valid gift deed and cannot be annuled because of subsequent dispute between the two.
thus in these facts, the gift deed cannot be challgend and you do not get any right in property of her mother.
Re: who is the real owner for this Property
As there is a registered gift deed the transfer is valid.
Re: who is the real owner for this Property
This transfer is completely valid.
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