• Can a widow reclaim a property previously gifted by her late husband under Dhana Nischayam?

My father gifted his house (via Dhana Nischayam) in Kerala (Allapuzha district) to myself and my wife in 2005 in order that we could take out a secured loan to pay for enhancements to the property. My father died in 2015 and mother still lives in the property. In the gift deed that my father drew up my mother is not mentioned as having any legal claim on the property although it is mentioned that we could not sell it while he was still alive. My wife and I now lived in the UK since 2004 and may need to go through bankruptcy in order to clear some large debts we have. I am advised that the UK insolvency service may be able to force the property to be sold in order to cover these debts which would leave my mother with nowhere to live. Is it possible under Indian Law that my mother (as my father's legal heir?) could override the original gift deed and get the property transferred back into her name, thus protecting against it being considered in our debt situation?
Asked 4 years ago in Property Law
Religion: Christian

3 answers received in 10 minutes.

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10 Answers

Once gift deed is executed duly stamped and registered you abd your wife would be absolute owner of the property

2) however if under the will your mother has life interest in the property it cannot sold during your mother lifetime

3) your mother can dine suit to set aside gift deed on account of u ndue influence

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. Well, I can not see immediate danger of getting this proeprty to be sold in discharge of your foreign debt.

2. If any decree for money is passed in UK and its execution case is transferred to india then also you mother cna put up a good defence.

3. in other words if you do not sell this proeprty in order to meet the debt lying there the right of mother is safe.

4. However to strengthen his right over this proeprty you and your wife cna make a gift deed in her name to make her sole owner of this property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

By virtue of GIFT deed, Mother left with no right in the property but as it is conditional gift deed, she have/can claim right to residence for life time.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Tell your mother to gift you a moveable property of low value. Jewelry or shares or some cash. Make a gift of that particular moveable property.

Tell your mom to file a suit under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 wherein she states you are throwing her out of the house and put a prayer in the notice of motion in that not creating third party rights in the suit premises and gift movable property and permanent prayer in her suit for revoking your father’s gift and your mother’s gift deed which she should make. This will get you an interim not to create third party rights but will help you buy time till end of the civil suit.

Supreme Court judgments say gift cannot be revoked.

Yugal Anjana Bhatia
Advocate, Mumbai
47 Answers

4.9 on 5.0

As per S.6 of the Hindu Succession Act Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004. As it is done in 2005, your mother is equally entitled to one share in the property.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1.Was the said gift deed registered by your father?

2. If yes, then your mother can not claim any right, title and interest on the said property.

3. However, I have strong doubt on your apprehension that a foreign court can extend its hand to lay claim on the property of its litigant/accused situated in a foreign country.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1) on whose name loan has been taken your father's or your name?

2) you could transfer property on your mother's name. As the property is gifted by your father to you.

3) there are very much Loop hole's in your narration and need more questions-answer session.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If the property belonged to your deceased father and he had clear and marketable title to the property then he wa an absolute owner of the property and eligible to transfer the same to anyone of his choice and in the manner he may decide.

Thus the transfer of property by him by execution of a registered gift settlement deed in your wife and your name with retaining the lifetime interest is very much legally valid and unquestionable.

Thus your mother cannot challenge the registered gift deed in any capacity since this was transferred by your deceased father during his lifetime and he is not reported to have died intestate as far as this property is concerned.

Therefore it may be legally not possible to protect the property if it is to be taken away by UK insolvency services authority.

You can check with the local lawyer that if the property situated in India can be appropriated by a foreign country court order and look for some loop holes in that manner.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Hello,

You may relinquish your share that you got from gift deed into your mother name.

And anyways the UK court can not vacate the premises in India without order from the Indian Court, also your mother can then appear before the court and say that the gift deed is conditional and that till date you are not the absolute owner of the land.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the gift deed is registered it can't be cancelled or revoked. In this case your father is also not alive.There is no law which will override the same.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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