Legal Question in Family Law in India

Is Giftdeed is valid if the donar and donee are not relatives?
Hii,
If a lady marry one person (secon marriage) after her divroce with her first husband and gave her property to her second husband as a gift deed, later she realises that her second husband is already married and also not diversed with his first wife, Is it possible her to take back all her property from him?
if the lady expires, can her children have a right to take back their property from him??
if she file a case when she is alive and later she dies before judgement comes, do the ladys childrens have a right to claim that property

Asked on 4/29/08, 2:26 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Is Giftdeed is valid if the donar and donee are not relatives?

No, the gift cannot be challenged on account of change of heart at a later stage.

Answered on 4/29/08, 8:06 pm

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Is Giftdeed is valid if the donar and donee are not relatives?

No the Gift deed cannot be challenged at this stage.

Answered on 5/01/08, 5:55 am

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Sachin Sangare Private Practise

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Re: Is Giftdeed is valid if the donar and donee are not relatives?

It is possible to get back the properties as

1]A Gift Deed in order to be enforceable needs to be compulsorily registered. A registered gift deed can be revoked by your mother on the following grounds as it is a contract:

a] Fraud by your Step Father under the Contract Act as being divorced when he infact was not.

b] Nullity of Gift Deed: as at the time of the deed your step father was not legally married to your mother.

If the lady expires

a] Before filling the suit

b] After filling the suit

If the lady expires before filling the suit, than her children have the right to file a suit against their alleged step father on the above grounds.

If the lady expires after filling the suit, than it is possible for the children to be placed in palce of the deceased lady by filling an application for bringing the legal heirs on record in place of the deceased lady, but within 2 months of the date of knowledge.

Answered on 4/29/08, 3:30 am

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