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Gifting property to minor son in divorce case filed by wife


05-Oct-2023 (In Family Law)
Wife has got interim injunction on my flat in divorce case. Family court has restrained to sell or create third party interest. Can I gift my flat to minor son who is 17 yr old. He stays with me and want to be with me.
Answers (3)

Answer #1
659 votes
dear client u can gift property to your minor son with condition that he will not sell it gift it or mortgage it creating third party interests. it is good that he wish to stay with you, so ask the custody of him. for any legal help call me adv Prasad Patil pune
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Advocate Prasad Prakashrao Patil

Adv. Prasad Prakashrao Patil

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Answer #2
702 votes
Well, you can. However, Will your Wife agree to it or create chaos. I think, your Son will not be considered by Court as a Third Party and even you are gifting your Flat to Minor Son over which her Mother, that is, your Wife should also not raise any objection.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #3
779 votes
Hello, Yes with the permission of court you can execute gift deed of your flat in favour of your son. Of course, it depends on contents of the order passed by family court. you need move an application for this process with family court
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Advocate Harshad Garud

Adv. Harshad Garud

LawRatoPune | 400+ 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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