Revocation of gift settlement deed Revocation of gift settlement deed

1 year ago

My mother executed a gift deed in my name before her retirement wherein she transferred the plot to me, for the purpose of raising Home loan. Gift deed was unconditional. Subsequently the home loan was cleared and property was transferred to my mother through revocation deed mutually agreed upon by donee and donor. After 1.5 year wife files case in Civil court asking the court to declare the Revocation of gift settlement deed as bogus, fraudulent. Stating S.126 is not binding on her and not affecting her right to residence. She filed DVC, 498a, and tresspassed into the property after revocation of gift settlement deed. Do you have any case laws that can help me?

Anik

Responded 1 year ago

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A.Dear client,
Your wife cannot claim any right in any of your families property, unless the partition of the same has been done. Your wife can only claim her maintenance under Section 125 CrPC.

Case laws:
1. Daughter in law cannot claim for mother in law's property
S R Batra vs Tarun Batra - Supreme Court
2. Daughter in law has no right over parent in law's property
Varinder Kaur vs Jitender Kumar - Punjab High Court
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