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i got one flat in my name ,gifted by my parternal uncle through gift deed as he doesn't have any ch


06-Mar-2023 (In Divorce Law)
i got one flat in my name ,gifted by my parternal uncle through gift deed as he doesn't have any children..so does will it consider while fighting for 125 maintenance case and ll it be ground in setting up monthly maintenance ?? as knive mentioned that particular flat in her petition of 125 maintenance... please help
Answers (4)

Answer #1
514 votes
since you got the flat which is gifted but then you are the only owner as it belongs to you the flat should not be considered in this matter of 125 maintenance you can show many ground for it also say your issue in details what is your jurisdiction...
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Advocate Priyanka Singh

Adv. Priyanka Singh

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Answer #2
923 votes
in case you are the husband then that flat will certainly be counted as your property and will factor in when commuting the maintenance that you will be liable to pay to your wife. but that flat by itself will not be detrimental to your defence if you can make out a better case to reject or reduce her claim as per law.
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Advocate Tanmoy Chattopadhyay

Adv. Tanmoy Chattopadhyay

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Answer #3
733 votes
yes of course you can claim the gifted property under 125 crpc. all the properties belongs to your husband will be calculated at the time of passing order by magistrate for the maintenance of wife and child.
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Advocate Rahul Shaw

Adv. Rahul Shaw

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Answer #4
613 votes
Hello, I have been through your query but for answering you in a better way I need a few more details. Some key details are missing in the query and as such its not possible to guide you in a legal manner.  Regards, Shayan
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Advocate Shayan Sachin Basu

Adv. Shayan Sachin Basu

LawRatoKolkata | 400+ Answers
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