How to object on gifted property

681 votes

Section 122 of the Transfer of Property Act defines a gift deed as a legal document that describe the voluntary transfer of immovable property from the donor to the donee without exchange of money.

a gift did can be challenged if the below mentioned requirements are not fulfilled:

1. if consent was not free
2. if the gift did was not executed according to legal provisions
3. if the parties are not competent to contract
4. if money is paid
5. if they gift is conditional and the condition has not been fulfilled then the gift can be revoked.

Therefore a wife can challenge gift deed executed by husband in the name of brother if any of the above mentioned conditions are not complied with.

Advocate Kunal Seth LawRato

543 votes

If that property is purchased by your husband by his own funds and property is under his name ….then you cannot object anything at this stage because you do not have any right in the property of your husband …even if you have given some share to purchase it ..still you are entitled to recover the amount and you cannot stop your husband to give that property to anybody …secondly if it's a joint property then the scenario will be different ..so we need more facts on it please be in touch…thank you

Advocate D. Khan LawRato

810 votes

Hi

If it is your husband’s self acquired property, it’s his Will to gift his property to anyone he wants. If it’s not then the case is different.

Your status as wife and subsequent rights lies after your husband’s demise and that too if it’s interstate i.e. he doesn’t leave a will in his name behind.


Thanks.

Advocate Malini Jain LawRato