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ratuldas   03 February 2015

Can My wife Claim on the property that is bought by my father in my name?

Dear Sir/ Madam,


Can you please advice me if my wife can claim the property in my name that was bought by my father when I was twelve yeas old.
(My wife is working now and we don't have any children. We are married for three years. Currently we are living separately and we are heading for divorce.).

I would be very much thankful to the great soul who may consider replying to my queries.

Yours Faithfully
Ratul Das



Learning

 7 Replies

Kumar Doab (FIN)     03 February 2015

On attaining majority you have become owner.

Your wife has no claim on self earned/self acquired estate of your’s or your father.

 

You can sell it off and keep the spouse in rented accommodation.

 

However it shall be appropriate to show all docs on record to an able lawyer dealing in family matters and proceed under expert advice of your lawyer.  

 

 

1 Like

saravanan s (legal advisor)     03 February 2015

She can claim the property only after u.
1 Like

Laxmi Kant Joshi (Advocate )     03 February 2015

She has no right to claim over your property either purchased by your father or by yourself .
1 Like

jack (nothing)     04 February 2015

Dear expers, if Ratuldas gift deed his property to his mother then go away. will it be good idea to avoid right to residence of wife?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 February 2015

Ratul,

 

As you have been rightly advised, that as law stands today, she has no right in your property, whether purchased by you or gifted to you or purchased in your name. But that would be basis of deciding alimony.

 

Jack,

 

Gift deeds can also be challanged and in few cases the court s have thrashed gift deeds as instruments to avoid charge on the property, which becomes a separate offence.

 

Regards,

 

Shonee Kapoor

www.sahodar.in

1 Like

Adv k . mahesh (advocate)     05 February 2015

As now the bill which gives rights to wife on the self acquired property of husband has not yet passed 

and about gift deed I dont think once executed it cannot be revoked and also she does not have any right on that

1 Like

Jaya Pathak (Paralegal)     17 February 2015

Hello Kapoor Sir,

 

Can you please give some names of case laws which are related to "Gift deeds can also be challanged and in few cases the court s have thrashed gift deeds as instruments to avoid charge on the property, which becomes a separate offence."

 

I will appreciate your help.

 

Thanks

Jaya

 

Originally posted by : Shonee Kapoor

Ratul,

 

As you have been rightly advised, that as law stands today, she has no right in your property, whether purchased by you or gifted to you or purchased in your name. But that would be basis of deciding alimony.

 

Jack,

 

Gift deeds can also be challanged and in few cases the court s have thrashed gift deeds as instruments to avoid charge on the property, which becomes a separate offence.

 

Regards,

 

Shonee Kapoor

www.sahodar.in

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