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Flat gifted to married women in extra marital affair
15-Jul-2023 (In Property Law)
Hi ... Kindly help me , iam a married women with kids and I was in extra marital affair with married man. In our relationship he got me a flat and iam the sole owner . Now as things did not work he is claiming back the property. Note the flat was purchased mutually and nothing by force. Kindly let me know can the property be taken back from me ?? Is it considered as gift property?? Please help me he is threatening me.. kindly let me know how Indian law is applicable according to muslim shariat law. Thanks
In matters of property, muslim personal law would not be applicable.
Purchasing a property in someone else’s name, can significantly complicate matters, not only for the buyer but also for the person in whose name the property is purchased, if the right formalities and legalities are not adhered to. It may also create problems in the future, during the sale of the property.
The sales consideration always comes in the registered person’s account and its recovery will be difficult. There may be a case of double taxation issues, as well.
it does not matter who pays for the home. The home always belongs to the person/people whose name(s) are mentioned in the sale deed/title documents.
Purchasing a property in someone else’s name, can significantly complicate matters, not only for the buyer but also for the person in whose name the property is purchased, if the right formalities and legalities are not adhered to. It may also create problems in the future, during the sale of the property.
The sales consideration always comes in the registered person’s account and its recovery will be difficult. There may be a case of double taxation issues, as well.
it does not matter who pays for the home. The home always belongs to the person/people whose name(s) are mentioned in the sale deed/title documents.
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Adv. Kunal Seth
Delhi | 500+ Answers
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If he can gift you the property, he can’t take it back …! However we need to see the gift deed to make sure it is gift deed ….also if he has gifted u his self acquired property than it has nothing to do with muslim shariat law …that is only applicable on children after the demise of their patents …
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Adv. D. Khan
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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