Legal Question in Family Law in India
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What is the status of a self earned property after it is given away through a Registered Gift Deed?
Can Self Earned property be given away to anybody? In fact, it is given to the daughter.
If it is given through a proper registered gift deed during the life time of a person, can anyone challenge it in court? Can court meddle with it ?
This question is in relation to a daughter in law (with a male child), who deserted her husband just 6 months (1996) after marriage has an eye on the property, has filed a DV case against her husband & sisters, had asked for residence/share in the court of law (2010) with her imaginary allegations. An Interim Order has clearly declined it in the lower court.
The husband being visually impaired (partially blind) has no earnings and is looked after by the sister sympathetically, who once had a good job and last it due to mental depression caused by the desertion/curelty of his wife, followed by the death of his parents.
She has gone on an appeal again in the Magistrate Civil Court against it and may even go to High Court, as we understand it.
How can we go about it? Is there slightest chance that the court may order the gift recipient, the legal owner, to share a part of the house/property, which that lady would never deserve.
We are confident of proving her Totally Wrong as she has been misleading the court with her wild allegation, which she failed to prove.
Is this a case for marriage dissolution? Can we sue her for Black Mailing and go ahead with a defamation case?
What punishment would the court award against her for misleading the court?
Pls throw some light on this.
Thanks for all your kind help Gentlemen!
1 Answer from Attorneys
A third person cannot challenge the gift, especially when it was the self acquired property of the donor. If one has exercised the provision of appeal, the appellate court will also look into the law and will not decide without application of law. So, have patience. Since she is misleading, you have to substantiate that she is misleading. She will therefore not succeed. Yes, it is a case of marriage dissolution. All what she is doing amounts to mental cruelty for the husband.
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