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Will a gift before marriage to daughter consider as stridhan
29-Jun-2023 (In Divorce Law)
Flat gifted to daughter just before marriage for her living post marraige. Is it a Streedhan?. If the flat is sold after marriage and invested in new flat with husband where her share is 80%. Now husband is holding the possession since she had to leave the house. She has filed divorce. can the amount invested be treated as Streedhan and recovered?. We are Hindu and my daughter was married under Special Marraige Act 1954
Firstly a flat flat given to her by the her parents is a gift only, if the daughter is good well and looks after the parents in old age then parents can keep it in her name, if daughter is not good, through court it can be pulled back. where the wife has 80% share and husband has 20% and husband in possession, wife is requested to file partition suit and take injunction from court or file domestic violence if she is thrown out of her own house by husband. The wife should not have left the house,
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Adv. Aveek Bose
Kolkata | 500+ Answers
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It seems that the bridegroom was from other religious belief. In fact the divorce will be guided as per the Special Marriage Act only as the marriage was registered under the Special Marriage Act.
Aside, any thing which the women has received during her lifetime will be considered as Stridhan under the reference of Section 14 of the Hindu Succession Act, 1956. Therefore the amount which was gained out of sale of the Flat is still Stridhan of your daughter who is by faith Hinduism and hence subjected to recovery from the Husband.
Please ask your daughter to send he husband a legal notice for recovering that amount providing him the bank account details even. And process as per the reply you get from the husband towards litigation. Please consult an Advocate in this regard.
Aside, any thing which the women has received during her lifetime will be considered as Stridhan under the reference of Section 14 of the Hindu Succession Act, 1956. Therefore the amount which was gained out of sale of the Flat is still Stridhan of your daughter who is by faith Hinduism and hence subjected to recovery from the Husband.
Please ask your daughter to send he husband a legal notice for recovering that amount providing him the bank account details even. And process as per the reply you get from the husband towards litigation. Please consult an Advocate in this regard.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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