Sandy (Analyst) 22 July 2012

Wifes right on gifted house?

Hello All:

Below is a sequence of Events for my query:

1) Bought House "A" with my own funds in 2005 - House registered 50% in Dad's name & 50% in my name

2) Got Married in 2009 - never stayed in house "A" as it was for investment only. We always lived in my parents own house "B".

3) Jan 2011 Transferred my 50% share in house "A" to Mom

4) July 2011 Wife filed false report in Police Station against me & my family of beating her up; leaves home

5) Dec 2011 Wife files DV claiming share in my House "A"

Can the court grant her share? What kind of protection should I take?

Thanks,

Sandy

Reply Follow

7 Replies

Adv. Chandrasekhar (Advocate) 22 July 2012

under DV Act, share is not possible. As per the facts narrated, she cannot claim either share or living rights in property "A". But she can seek residential rights in the property where you were / are living.

1 Like

Sandy (Analyst) 22 July 2012

Thank You Sir for you quick reply. However there is another twist to the story:

Nov 2011, wife broke the locks of yet another House "C" which she never lived in and filed a false police complaint that this house "C" is her matrimonial home and asked for protection against us. Unfortunately we don't have any proof of her break in and cops refused to entertain any FIR against her due to her influence. This house was bought by my Dad's own funds ages ago. Parents have filed 2 cases - 1 civil & 1 criminal for tresspassing and registering of FIR. It's been a year now and case has not even come for a proper hearing.

1) Should I file anything against her?

2) Should I be named a party (defendent) in the case?

3) What kind of rights does she have in this house?

4) What can we do so she does not get away with this goonism and criminal act?

Thanks,

Sandy

Adv. Chandrasekhar (Advocate) 22 July 2012

she has got residential rights where she lived along with her husband. if she forcefully entered into the premises, where you both never lived, then she does not have any legal right to stay there. But this fact has to be proved in the court by proper evidence. Indian courts, as you all know, take their own sweet time. At this stage, I suggest your parents to move an application under O. 39 R 1 &2 and during the course of arguments offer her shared household in the place where you both lived or offer alternative accommodation, so that she will leave her unauthorized occupation. If she does not accept such proposal, you have to take steps for speedy trial of civil and criminal cases.