My partner and I are considering a mutual divorce and have a question about dividing our assets. We received a gift of Rs 8 lakhs from my parents towards our flat purchase after our first anniversary. This covered roughly 40-50% of the flat’s cost. If we divorce, are we obligated to repay my parents 40-50% of the flat’s current value or the original Rs 8 lakhs plus interest? Would the answer change if the money had come from my partner’s parents instead?
Best Answer
Under Indian law, a gift received by a couple during their marriage is considered joint property. You and your partner would be responsible for dividing the flat’s current value equally, regardless of whether the gift was from your parents or your partner’s parents. There is no legal obligation to repay your parents the original amount plus interest.
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