Clarification on a gifted property
Naina Somashekar
(Querist) 23 June 2015
This query is : Resolved
Hello Sir,
The case which I am going to share is a peculiar one.
Background - My mother-in-law bought a property for Rs. 24,000/- in 1971 from the money given by her father and the property was registered on my father-in-law's name.....however, they had a happy married life with 6 children.
As the years passed, my mother-in-law got to know that her husband had an illicit relationship and with family involvement, they had many meetings but, it did not work. Hence, my mother-in-law had to walk out in his life with her children.
But, all the children had contacts with their father and they would visit him very often (He would stay in the same property...part of the portions were rented out for a petty shop and a small hotel). The father would always mention to his children until his last breath that he s staying in their mother's house....so, everyone was under the impression that they will get their mother's property back.
Last year, my father-in-law passed away, and we also got to know that he has gifted the property to his second's wife daughter (they are 4 children). It was a shocking for my mother-in-law and her children. With this regard, we consulted a couple of advocates to seek their advice, but everyone said that nothing can be done as its been gifted to her and they asked us to keep in touch with her. But, both the families do not have contacts with each other.
Can you please advice?
Anirudh
(Expert) 23 June 2015
All the Advocates have correctly advised that nothing can be done.
When the property was bought in the name of father-in-law, from that moment onwards it became his personal property (it does not matter whose money was used to purchase the property).
Since it was his personal property, he had every legal right to dispose it off in whichever way that he wanted.
As such, in his wisdom and wish, if he had gifted HIS PROPERTY to his daughter through his second wife, it is perfectly OK and nothing can be done.
The property is lost for ever for the first wife and her children. By speaking or contacting the daughter of the second wife, the property cannot at all be regained.
FORGET IT FOR EVER.
Guest
(Expert) 23 June 2015
Father's gift makes his second wife's daughter as absolute owner. First wife and her children cannot claim any share legally. However, it is the sole discretion of donee of the gift, if she shares any part with her step brothers and sisters or even allow them to live there any more.
Kumar Doab
(Expert) 23 June 2015
Fully agreed with experts.
