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Muralidhar Mysore (Retired)     08 July 2011

mental cruelty and long desertion by wife

Great Job done Always.... I highly appreciate the services rendered by LAWYER CLUB OF INDIA. What is the status of a self earned property after it is given away through a Registered Gift Deed? Can Self Earned property be given away to anybody? In fact, it is given to the daughter. If it is given through a proper registered gift deed during the life time of a person, can anyone challenge it in court? Can court meddle with it ? This question is in relation to a daughter in law (with a male child), who deserted her husband just 6 months (1996) after marriage has an eye on the property, has filed a DV case against her husband & sisters, had asked for residence/share in the court of law (2010) with her imaginary allegations. An Interim Order has clearly declined it in the lower court. The husband being visually impaired (partially blind) has no earnings and is looked after by the sister sympathetically, who once had a good job and last it due to mental depression caused by the desertion/curelty of his wife, followed by the death of his parents. She has gone on an appeal again in the Magistrate Civil Court against it and may even go to High Court, as we understand it. How can we go about it? Is there slightest chance that the court may order the gift recipient, the legal owner, to share a part of the house/property, which that lady would never deserve. We are confident of proving her Totally Wrong as she has been misleading the court with her wild allegation, which she failed to prove. Is this a case for marriage dissolution? Can we sue her for Black Mailing and go ahead with a defamation case? What punishment would the court award against her for misleading the court? Pls throw some light on this. Thanks for all your kind help Gentlemen!


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 1 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     10 July 2011

Dear Mr.Muralidhar,

Answer for your 1st question.

What is the status of a self earned property after it is given away through a Registered Gift Deed?

The ownership of a self earned property can be transferred to any one through registered gift deed, since the owner of the property holds a clear and valid title.

Answer for the second question.

Can we sue her for Black Mailing and go ahead with a defamation case?

You cant file a defamation case against her because whatever things she has stated before the court is immune from defamation since it is not published by her to public or any one not related with this matter.

 

Anser to third question.

Is there slightest chance that the court may order the gift recipient, the legal owner, to share a part of the house/property, which that lady would never deserve

She has no right over that property and cant be claimed for its share since the absolute ownership and title belongs to some one else,ie.husband but if there is any case for maintenace or gold ornaments or property, she can get an order to attach the property to recover the same.

 

Answer to Fourth question

What punishment would the court award against her for misleading the court.

If you have credibile evidence with you to prove that the documents or evidence which she brought before the court is false and fabricated and amounts to mislead the court, you file a petition before the court to prove the same and get punishment for her.

With regards,

Sajeev Menon

 

 

 

 


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