Can I claim my flat share after husband’s gift?

I recently found out that my husband gifted his 50% share of our flat to his girlfriend. Can I claim my share, as I want the flat for myself and my son? We had purchased the flat on a 50-50% ownership basis, but now this has happened. Please advise.

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Advocate By LEAD INDIA Answered: 09 Sep 2025

If your husband gifted his 50% share of your joint flat to his girlfriend, he cannot do so legally, and it may amount to an offence related to adultery. You can file for divorce on this basis and claim maintenance and alimony. If the gift deed was executed fraudulently or with the intention of depriving you of residence, you can challenge it in court and secure your residential rights along with your son’s. For further legal assistance contact us on our helpline number.

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