Can husband claim back gift property?
Querist :
Anonymous
(Querist) 05 February 2011
This query is : Resolved
Got married under Hindu marriage Act.
My husband gave me gift property in 2008, there is no written agreement that it was a gift. We had a domestic violence dispute in 2010. Now my husband is claiming in the court that I falsely got the property on my name. He is saying that he bought the property in 2008 and he was not aware the property did not get registered in his name ( as he was out of country when property got registered, he paid for it through a draft in his name ) but in the wife's name. He is saying he only found out that the property was not registered in his name last month, he is lying as he was aware that the property was registered in my name, it has been 3 years since the property got registered. Can he claim back the gift property using this argument? how do I prove he is lying, is the fact that property has been registered for 3 years enough to prove his lie?
Devajyoti Barman
(Expert) 06 February 2011
Do not worry , the husband can not claim the said property in the proceeding under DV Act. Since the property is registered in your name the onus of proof is upto your husband to rebut the presumption that the propety does belong to you.
