Writing a will and getting it registered during divorce case

Sir,

If it is self acquired property then you have all rights to write the will and do whatever you wish to do with the property, but my advice would be gift the same becasue Will comes into picture after your death and if during your life time the property remains your property then she can show to the court that you have that much of property in your name.

Still if want to do WIll, get it registerd.

Warm Regards

Kapil Chandna Advocate

9899011450

The court may cast aspersions of Gift made during trial.

Sale Deed might be better option.

Sir,

She is employed and not filed for maintenace yet. Her main allegation was my impotency and I disporved the same by medical board examination by filing application for the same from my side.

As per my advocate's opinion, she can't claim maintenace or property rights since there is supreme court ruling that false impotency allegation amounts to serious mental cruelty. The judgement says that she miserably failed to prove her allegations, and nothing in her favour.

So, in this situation should I go for gift deed or the will enough?

Gift deed on the contrary shall be applicable with immediate effect.

If you and your lawyer that are well versed with facts of the matter, are convinced, then WILL (registered) in such case can be a better option.

You can write another valid WILL even after the previous registered WILL.

Now a days court wouldn't exclude the properties gifted through gift deed, executed during trial, while summing the properties of husband for calculating the affordable maintenace/alimony.

Even in case sale deed, the court would consider the income gained through that sale, and the sale value couldn't be below the fairvalue. So noting much to save after paying stamp duty, tax  etc.

Am I right?

Further, as per family court judgement I'm not in fault and the desertion was from her side, and I disproved her impotency allegation also. She is well educated and employed.

So, in this context, is there any scope for her to claim maintenance/alimoney?  

As per the judgment in your case quoted by you the decision is in your favor.

The maintainance if any is to be decided by the magistrate.

Your lawyer has already shared his opinion.

The gift/WILL/sale etc has already been discussed.

During your lifetime until she is separated by court and is not legally your wife, she has a share in your property if you have not left any WILL or have not disposed your proerty in your life time.

In case of unfortunate event she will be your successor alongwith your mother and children (if you are Hindu) or as per personal laws applicable to you.

Choose your options in consultation with your lawyer.

Pease clarify weather you entered apearence in the high court through your council if you have entered apearence than if any dead is conveyed regarding your property in which your wife is having the share it will be a question to ibe decided by the court if your wife claims any right in the property of you for any early money, If it is not so there is no bar in executing a will or any deed.

Dear OP,

I am also going to face the divorce case on same grounds. Your inputs of experience will be helpful to me. Please check PM.

I think that you should have admitted to the allegation or filed a counter-claim of cruelty by her towards you for refusing to have s*x with you or something of that kind... Point is... you could have got divorce and got rid of her. Do you want her to be your wife for the rest of your life? It is NOT too late, if she has appealed in the High Court... you can say, OK, if she wants divorce, I am ready to give it on grounds of irreconiciliable diferences and if the Court does not have jurisdiction to do so,  then  on grounds of impotency as alleged by her. Why do you care what the grounds are? Divorce petitions filed by wives are gifts on a golder platter. Never reject them because it is very difficult for a man to file for a divorce petition and get it granted by the Court when the wife opposes it. As I said, it is not too late. Give it a serious thought!