Gift deed and fraud , divorce,adultery
05-Jun-2023 (In Property Law)
The mother of my friend did the gift deed to her daughter in law as she demanded that if her husband giver money and his family put property on her name then she will come back and stay. So the mother did the gift deed directly on name of the daughter in law and give 5 lakh to her but later family find out she is having an affair with someone and run away with his lover with all property paper and moneys . Now she is staying with her lover even without divorce. Can mother cancel the gift deed , what cases the mother and son can do. First motion of divorce also completed but second motion is pending
Hi
In your case you can ask for the transfer of the said property in your name again or cancellation of gift deed and the return of five lakh of rupees earlier given as a condition in the petition for second motion of divorce.
Rest , a better solution can also be reached by reading the contents and documents in place till date in your matter.
Thank you
The mother can of course get the gift deed cancelled because the same was got made by way of misrepresentation and fraud exercised by her daughter in law. As far as her daughter in law living with her boyfriend without getting divorced is concerned, there’s no law that prohibits her from doing so and even courts haven’t deprecated such acts but you can file for divorce against her on the ground of cruelty as she is involved with some other person during the subsistence of her marriage. Kindly contact in case of any need.
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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