Does wife have to return gift from husband in divorce

767 votes

Hi
Once the gift deed has been registered and your cousin has accepted the Gift, the property belongs to her.
She cannot be forced to return the gift under any circumstances.
Moreover, under law, a property in possession/ ownership of a woman is her absolute property and she can do whatsoever she wants to do with the property . she can gift/sell/mortgage or undertake any transaction with the property in any which way she wants. o
She NEED NOT return the property on account of divorce.

Advocate Rajagopalan LawRato

593 votes

THE DIVORCE ACT, 1869 and MAINTENANCE ACT, 1956 (*in the case of Hindu) gives a very strong stands in this case since the wife has no other income source

The first thing to ensure is how long have they been marriage for, since the court may not directly approve/grant a separation however, would follow certain remedies to solve initially
Secondly on what grounds are the parties filling divorce since a petition might get dismissed if no strong grounds are found at the time of accepting the application/appeal

Alimony - a source through which the separated wife gets the right from the husband can also be filled

It would have made my job easy to answer your question if you had been given with all required details - Please feel free to contact me for further assistance

Advocate Rajkumar Yeddu LawRato

640 votes

no need to give back the property and the gift deed is registered and the conditions of gift deed has to be seen. and if both are willing to take mutual divorce you can write that the property is given for permanent alimony in petition.

Advocate S.Malla Reddy LawRato