Claim of first wife over gift deed of husband to second wife
3 years ago
I am(Muslim) first wife of husband(Muslim) Please let me know if husband make gift deed of house in favour of second wife(first wife not being divorced and not living with husband since 20+ yrs) does it ends claim of first wife or her children over donated house.What are legal references?
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
A.Dear Client
As per your personal law i;e. Muslim Law, the gift will become absolute only when the donee had taken the gifted property in to her possession, check if the second wife is in possession of the gifted property. Further you can file a maintenance case in the respective Family Court or in Criminal Court for maintenance for your maintenance.
As per your personal law i;e. Muslim Law, the gift will become absolute only when the donee had taken the gifted property in to her possession, check if the second wife is in possession of the gifted property. Further you can file a maintenance case in the respective Family Court or in Criminal Court for maintenance for your maintenance.
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A.It being self acquired property he can do like that. Better you can file one maintenance case and create a charge and get stay order from executing such gift deed.
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Jagannath S Pawar
Responded 3 years ago
A.If the Gift Deed is registered and transfer has already been effected then there is limited scope of challenge. However there are other grounds on which or under that circumstances the same can be challenged..
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.hi,
The Entire property cannot be given in Hiba, however It is suggested that you file for Maintenance u/s 125 Cr.PC
The Entire property cannot be given in Hiba, however It is suggested that you file for Maintenance u/s 125 Cr.PC
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