CPC Law: Husband's Gift to Wife

cpc bar_exam intermediate case_analysis

Rohan married Pooja 5 years back. Last year, Rohan gifted Pooja a flat worth โ‚น50 lakhs, with an intention to secure her financial future after his demise. Now, Rohan plans to divorce Pooja. She refuses to return the gifted flat, citing it as her separate property. Can Rohan claim it as his property due to Section 14 of the Hindu Marriage Act, 1955, or does the Transfer of Property Act apply in this situation? What's the legal remedy in this case?

What's the correct answer?

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