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House given under settlement deed can my father in law ask for it back
19-Dec-2023 (In Property Law)
I am a Muslim from A.P, India. I got a house from my father-in-law under settlement deed 1.5 years back as I helped them financially many times when they were in deed. The house is at my in-laws place. Now, due to some wrong things from my wife, we are in divorce process. Our Govt Qazi had issued 2 notices & about to issue final talak in few weeks. We don’t have any kids. We have been discussing with my in-laws & they are demanding the house from us saying it’s a gift as per the legal documents. Please legally advise me on following questions. 1) If I give divorce to my wife, can my in-laws legally demand or file a case for the house? 2) Can I sell the property now or is it not a good idea as divorce process is going on and Govt Qazi is about to issue final talak in few weeks? 3) If I sell the property now, what are the next complications if my in-laws file a case for the property? I am planning to have a phone consultation based on initial answers & which one suits me very well.
1. The settlement deed is required to be seen before advising you on the matter,
2.Was the said deed registered? If not then it is not a valid document,
3.If it has already been registered, then the property has been transferred in favour of your sister and her minor son,
4. After the lapse of long time it will be difficult to establish that your brother in law had threatened your parents to execute the said deed,
5. However, if your sister executes and registers the property back to your father, then only they will be able to get it back legally.
2.Was the said deed registered? If not then it is not a valid document,
3.If it has already been registered, then the property has been transferred in favour of your sister and her minor son,
4. After the lapse of long time it will be difficult to establish that your brother in law had threatened your parents to execute the said deed,
5. However, if your sister executes and registers the property back to your father, then only they will be able to get it back legally.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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