I have a villa which is gifted to me by my wife without any objection. I intend to sell the property. Can my wife's brother throw injunction if I try to transfer it to third party? My brother in law is not related to me.
Asked 2 years ago in Property Law from Kolkata, West Bengal
no once gift deed is executed by your wife and it is duly stamped and regd you are absolute owner of property . you are free to dispose it as you please . court wont grant injunction unless your wife claim that gift deed is vitiated by fraud or undue influence
If your wife transfer her property by a registered Deed of Gift then it can not be cancelled or revoked.So if you transfer your property to others person then your brother in law can not get any Injunction from a Court.
Supreme court held that in Judgment ASHOKAN VS LAKSHMIKUTTY & OTHERS IN SLP NO.20754/07 decided in the year 2007 " once the gift deed had been executed it could not be revoked.'
If your wife transfer her property by a registered Deed of Gift then it can not be cancelled or revoked.
Advocate, New Delhi
The ownership of villa must have lied with your wife prior to it being gifted to you, else she could not have gifted/transferred it to you. Her brother is no one to seek injunction.