Property in india
Vikram
(Querist) 02 August 2013
This query is : Resolved
I live in Canada. I re-married in Canada. I acquired property in Greater Noida, in India just few weeks before my remarriage. I want to find out if my second or recent wife can claim that property which I have in India? I don't want that to happen, because I have kids from my first wife and I want that house to go to my children.
Devajyoti Barman
(Expert) 02 August 2013
Till now your wife can not demand share in your property. However if new Divorce law is passed and it becomes applicable to you and then your current wife along with your children shall have share in the property.
To avid this you can gift the same in the name of your children now.
R.K Nanda
(Expert) 02 August 2013
said bill is still not passed.
ajay sethi
(Expert) 02 August 2013
execute a gift deed in favour of your children from first marriage . although amendment has not yet been passed in parlaiment no harm in taking precautions
Vikram
(Querist) 02 August 2013
I'm a Canadian Citizen. Does the Indian Law apply to me as well. Other thing is that I don't want to give it as a gift right now. I want that after my demise, the property should go to my kids. Can I make a will on the safe side. Is my Canadian will executable in India or do I have to make it in India?
Vikram
(Querist) 03 August 2013
Yes, but I'm a Canadian Citizen now.
Raj Kumar Makkad
(Expert) 03 August 2013
As you are Canadian citizen, there is no possibility of the application of the proposed law upon you, however, let the law come in the light.
Vikram
(Querist) 03 August 2013
That's what I thought Mr. Raj Kumar. But nowadays there is dual citizenship which is allowed. I do want to apply for it. If I get the dual citizenship then can it go against me. My other question is that if I make a will in Canada, is that will executable in India. I can get the will authorized from Indian Consulate here. Please advise
prabhakar singh
(Expert) 03 August 2013
The Query before my answer Mr. Vikram(a middle name in my both sons'name)Would be that have you complied with the provisions of FEMA buying the property in Greater Noida
and for sure it is not any agri property?
Because if the very acquisition found bad there would not be any succession at all.
And my answer to query is that there can be no reply at all based on anticipation what would be the law in future.
LEGAL OPINIONS are always required to be advanced on what law is and not in anticipation of what it would be?
