Legal Question in Real Estate Law in

Dear Learned People, could you please clarity the following !!!

1.

Mr.X has gifted his self eared lonely house to his one of his daughters (R1) and Mr.X has a blind son also. The son (who is visually handicapped, blind) has been deserted by his wife 13 years ago and she has now (2010) filed case under DV Act, making her hasband (R 1), his younger sister (R2) and youngest sister (R3). R1 is presently living with R2 as he has no avocation and shelter and being looked after by R2 in her legally (gifted) owned house The Petitioner (Wife of R1 who has a son of 12 years now) has made an application for IO with the judge saying that she may be allowed to stay in that gifted house which has been refused by R2 saying that she has no legal right to live in that house.

Mr.X passed away in end 2009

2. Can the petitioner claim a share through her son in the gifted house. The house has been legally gifted through registered gift deed and the Katha has been transferred. I am told by the advocate that the grand son has got right in that properpty and can ask for a share at a later time.

I then feel the very purpose of Gifting is defeated ! What is remedy for this, if the grand son can claim a share at a later date (may be after he becomes 18)

Please respond.

Thanks for your wonderful help.


Asked on 9/24/10, 4:42 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

since Mr. X had gifted the property by way of a registered Gift deed to his daughter R1, the gift is absolute and cannot be challenged. the grand son cannot challenge the gift. A women (here R1) receives the property absolutely under the Women Right to Property Act.

In your question, i am assuming an error of R1 having been used twice with two different persons, first with daughter and then with husband (ought to be blind son of Mr. X). Mere fact that the blind son is staying with his sister in the house gifted to sister by her father, son of deserted wife and blind son cannot claim any share in the grandfather's property. Moreover, under the domestic violence act, the wife of blind son does not have a right of residence in this house because the house does not belong to her husband. Supreme court in Batra vs Batra in 2007 has categorically laid down that wife may claim a right of residence in those properties in which husband is either the owner or has a share in it. Since the property exclusively belong to sister, deserted wife will have no right in husband property.

Husband, if has decided to break the marriage for any reason, must file the Divorce case on the grounds of desertion and/or cruelty.

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Answered on 9/24/10, 6:45 am


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