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

by Shivendra Pratap Singh | May 26, 2022 | Property Cases

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? 

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. 

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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