How to save hard earn property from wife ???
Johsi
(Querist) 26 June 2012
This query is : Resolved
Me and my wife both are enggs. We hv been separated since 1.1 yrs . I allow her to left my home on the condition that she will give me divorce Mutually and without courts cases.She don’t wish to come back… but under her parents influences she is now ready to come. But I don’t wish to taste the POISION again as there is not love in between us. Now I heard new laws is to be coming abt wife can claim for 50 % in property. I have flat on me and mother name. But I hv loan on that flat around 11 lakh. My salary is around 40000 pm.
How to save my hard earn property from her & her lusty parents. She has not contributed in my flat even 1 rupee in my 3 months married life. One Lawyer told me abt Gift deed and sale deed before any case. But for both need NOC from ICICI home loan bank . Bank is not providing me NOC to GIFT DEED or transfer Deed. I can’t closed home loan of 11 Lakh to prevent huge maintenance to her.
She is BE electrical was earning 10000 pm but last month she left job and sited at home.
Why government making these weird laws... of which any wicked wife can misuse? How much time will take to this law come into power?
How to save my hard earn property from my in laws?
Should I file for divorce as she is not ready for MCD under her parents influence?
Devajyoti Barman
(Expert) 26 June 2012
Let the Law come into effect first.
If it comes then you could not save it as long as the same remains in your names.
You may transfer the properties standing in your name in favour of your parents.
Adv.R.P.Chugh
(Expert) 26 June 2012
Dear Querist,
1. If she is not agreeing for a MCD file a contested divorce on the grounds of cruelty etc. but before doing that do some protection groundwork that would go a long way protecting you from a false dowry case that she might file as a counter blast to your divorce case. Once you are done go ahead with teh divorce petition.
2. As regards properietary rights - it's just a proposal and yet to take shape of a law, a lot of deliberations would be done before it is actually passed. We cannot speculate or anticipate what legistlature would provide. It is always good to take the bank into confidence and transfer the property, it is always better to sell it to a third party, because if gifted to relatives it always reeks of a colourable transfer meant to defeat wife's rights - and this she can challenge.
Hope this helps !
Feel free to talk !
Bharat Chugh
M/s. Y-not legal services
(Expert) 26 June 2012
if its possible mean just arrange some loan from your family or friends. just settle the dues to your bank. then you can release your house documents. then you can gift it as of your wish.
after that again you can involve your house to any mortgage[with aid of the person who will get your house]. for clear your family or friends debts.
even if you go for gift mean you will loose all of your right over the property.
-y.not legal services-
