Legal Question in Real Estate Law in India

My husband owns two properties. One flat was purchased before my marriage in which my husband's younger brother was staying with his family with my mother in law. The second was purchased after my marriage. We are both working, My brother- in -law has a tourist car business and is earning enough to support himself and his family. His wife has no inclination to work and enhance the family income. He has emotionally blackmailed my husband into gifting him the other property and transferring the same to his name.

As a wife, can I object to this transfer? The gift deed is stamped and registered but not yet adopted by the society. I have two children aged 10 and 5. Is there any legal remedy for me as the wife of the donor to reverse this gift deed?

Further, there is another ancestral property in Mumbai, belonging to my father in law, which is also occupied by my brother in law. How can I ensure that my children receive the share entitled to my husband, in this property before he gifts away the same. Please help.


Asked on 10/02/13, 8:15 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.10.2013

Dear Sir / Madam,

NO, a Gift Deed can only be revoked by the Donor (your husband), and you will have to try all means of persuading your husband to revoke and cancel the Gift Deed. As far as the ancestral property belonging to your father-in-law is concerned, if your father-in-law has made a Will of that property, the title of that property will vest in the name of the beneficiaries named in his Will, vide a Probate from the Court. You will need to convince your father-in-law to make your children the beneficiaries of his Mumbai property.

Regards,

Read more
Answered on 10/08/13, 6:13 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India