I’m a Muslim man from Andhra Pradesh, India. My father-in-law gifted me a house through a settlement deed about 18 months ago, as I helped them financially during a difficult time. The house is located at my in-laws’ place. Unfortunately, things haven’t worked out with my wife and we’re going through a divorce. The Qazi has already issued two notices and is set to finalize the divorce in a few weeks. We don’t have children. My in-laws are now demanding the house back, claiming it was a gift according to the legal documents. I need legal advice on these matters:
1. If I divorce my wife, can my in-laws legally claim the house or file a case for it?
2. Is it advisable to sell the property now, considering the divorce process and the impending finalization?
3. If I sell the property now, what legal complications might arise if my in-laws file a case for it?
I’m looking to schedule a phone consultation to discuss these questions in detail and determine the best course of action for me.
Under Indian law, the house gifted to you by your in-laws through a settlement deed is legally yours. Your in-laws may try to claim it back, but a court would likely uphold the validity of the gift deed. Selling the property before divorce finalization might complicate matters, but seeking legal advice from a lawyer is crucial to protect your rights.
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