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Can husband gift mother’s property to his second wife?

Shivendra Pratap Singh

Advocate

26/05/2022

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Question: Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother’s property to me then can his first daughter who is not living with us claim the property. Iis it acceptable by law or not? 

Asked from: Assam

A person can gift his own property only. He has no right to transfer the other’s property by way of gift. Hence, your husband cannot gift his mothers property to you. 

If the said property devolved on your husband after the death of his mother then he will become the absolute owner of that property. Then he will get an unfettered right to transfer that property through Will, sell, mortgage, lease or gift. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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