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Husband is giving mental torture to return the gifts and things given


30-Apr-2023 (In Divorce Law)
My marriage is broke now. We are not yet divorced. My husband is asking for all the things and gifts which he gave before and after marriage. What to do? Christian
Answers (4)

Answer #1
628 votes
Dear Madam,
Threaten him to file multiple cases against him. All laws are in favour of married women. Please come to my office I will give you more legal tips.
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PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
People also ask

Can we take back gift deed?

According to Section 126 of the Transfer of Property Act (TPA), the gift may be revoked if certain conditions are met. Revocation is based on the following elements: The Gift Deed must be cancelled if both parties agree after the fact.

What is the Supreme Court Judgement on registered gift deed?

It is useless if the recipient dies before accepting the gift, as it is a bi-lateral transaction between two people. The acceptance of the gift is required before the donor dies or loses his/her ability to give gifts. In this Supreme Court judgement on the Gift Deed, it was stated that acceptance of gifts must be completed before the donor dies or loses his/her capacity to make gifts.

Can gifted property be taken back from brother?

You cannot claim the gift. It is the property of your brother if the gift transaction between your father and your brother was completed in a legal manner. Anyone can give their property to anyone they like.

Can gifted property be taken back by parents?

The Indian High Court has ruled that parents have the right to take back their property. The nature of the gift and the applicable legal provisions, as well as the conditions and terms under which it was given, will determine whether parents can take back their property. 31-Oct-2022

  
Answer #2
797 votes
Respected

If there is too much harrasement you can file a complaint again him under D V Act. Regarding gift it cannot be claimed back.

Now for time being file a complaint against him and take protection.

If required you can contact me or contact any counsel

Answer #3
878 votes
Do not return unless every thing settled between you both. Hold on to all the gifts recieved. It belong to you.

if there is any amicable settlement between you, the you both, then you can formalise it through court, at that time you can exchange all gifts and collect alimony.
Answer #4
589 votes
Dear Madam,

As per your query you need not give back what are all gifts and other things gifted from your husband as you are not yet divorced. at the time of divorce petition you both can exchange whatever movable and immovable.

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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