Property transfer

If the house is on your husband's name on what ground the society refuse giving NOC

Legally wife can file a divorce case and get an injunction order against husband in disposing off the asset. 

Hi dhanesh, I am also anticipating false case from my wife (may be 498a or domestic violence), so m also looking to transfer my property to my mother & sister. pls guide me for the process & the expenses which I have to bear.

Hi Gautam, If wife files case against me & tries to claim on the property than pls tell me what will be the stats & on what share she can get from me. Frankly speaking we want to keep my financial assets for my child but don't want to give anything to wife as she & her family are harrasing us since begining. I am looking to get rid of her & also want my child's custody. wife doesn't follow her duties & want to live on her own terms. pls advise.

 

rgds,

You can do through Sub Registar, either transfer or gift deed to ur relatives. Gift deed will be cheaper.

 

Till date, there  is no law which says share in husband's property. She cannot have direct claim on your property.

 

Your liability is only to maintain her, by paying some X amount. If she works and gets money no maintenance to her, but need to pay to Kid.

Thanks Mr. Raja, pls confirm me one more thing, in Gift deed my relative will have complete ownership & no involvement/control of mine will be there in future even if I wish to do so.

No issue in paying to my kid...want to give best education & best possible life to my kid, even I will try my level best for kid's custody. But want to get rid of wife, she is not ready to follow duties of a wife & doesn't want to come out her/family pathetic culture. I have tried everything to educate her. I can not leave my dependent parents & I can not be happy without them. I am very worried for my kid. 

these are the traits my wife possessing which I feel are cruelty of her against me me/family & kid:

Conduct and misbehavior of the wife against husband i.e. pressuring husband to leave his home, insisting for the separate residence, mentally torture and disrespectful behavior towards husband and in-laws as well.

Desertion by wife which means wife deliberately intending for separation and to bring cohabitation permanently to an end.

Threatening to leave husband’s home and threat to commit suicide by the wife.

Cruel behavior of wife where wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mangalsutra in the presence of husband.

Wife refusing to have s*x with husband without any sufficient reasons which can be considered as a ground of cruelty and husband can file a divorce petition.

Remember one thing, Gift deed or transfer of property through sub-registar office on your relative's name is irreversible. You are giving 100% control to them.

I would say, better to transfer to your mother, to be on safe. If not, whom you trust 100%, you can do that.

Stamp paper etc, nothing works. Only Sub registar gift deed is legal and it is irreversible.

Since no case 498a or DV has not been filed, at this point try last option for your Kid and use relatives and mediators to settle the issue.

Getting divorce, without 498a and MCD is very difficult in India and takes 4 to 5 Yrs atleast.

Karan,

If the property is your self acquired property and you are the absolute owner, then you can proceed with disposal of the same as per your sweet will and nobody can object to it.  Your wife cannot stake claim in your house property, at least not with the present law.  The grounds stated by you for divorce contribute sufficiently for the cruelty grounds.  A wife's claim for a nuclear family, refusal to cohabit, insulting and disrespectful behavior with the parents in law, not performing the house hold obligations as a dutiful wife, repeated suicide threats are all strong reasons for divorce on the grounds of cruelty besides desertion i.e., voluntarily disassociating herself from the association of the husband without any valid reason.  Thus, once the gift deed executed by you has been acted upon by the recepients, it is complete and irrevocable and the property belong to the donees.

Thanks all,

Wife deserted me 3 months back & expecting that for my kid I will have to agree to her terms & will remain in threat always. Accordingly she will live with complete freedom. Me & my parents will always suffer.

Kindly guide me for further processing. If I want to take divorce that how should I move & as I mentioned am worried for my kid so I am going through very tough time. I don't know what will happen next & due to this I am unable to focus on work. I am also suspecting & I had heard from some where that they are looking to beat me through their political resources. I don't feel that MCD is possible with her so need ur help.

There is no IRBM marriage law yet on the basis of which she can get injuction order. I got a sense of divorce so before her divorce petition came my mother was already 80% owner of the property. I transferred to her by gift deed the cost of which was 2% of current market value. My wife's parents lived illegally in America and my brother is now citizen so he would like to go after them. What can he do ? We have copy of her matrimonial bio-data sent to elder brother in which they have not mentioned their illegal stay.

Giving property to sister is fine. If she is married then her husband will enjoy all the benefit. IF you have good understanding then it is fine to give her gift. The cost of gift deed and transfer costs 2% of current market value of the property. There is IRBM marriage law which passed in Rajya sabha if our politicians in lok sabha pass it then wife can take half of underwear too.

She is no where to sustain and claim the stake in husband's property. The prevailing Laws only suggests of Interim maintenance during the pendancy of case and Final Maintenance or Alimony if Divorce is granted through Honb'le court , if she Is unable to maintain herself.

Gentlemen, you may heard the old saying "Jumping from the frying pan into the fire." Well, transferring property to protect from wife to another relative, no matter who, is precisely that. I know a few who have got bitten, so be careful. Even if you transfer or gift your property to protect it from a third-party like your wife, any good advocate can easily claim fraudulent transfer citing the temporal proximity of the transaction to the pending or impending divorce litigation. Disposing off the property is equally stupid unless there is a compelling economic reason to do so. And protecting it from your wife is not one of those reasons. With due respect to those advocates who are suggesting this, my request is that if an advocate gives you such suggestions, change him. He is just a run-of-the-mill type.

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Men get anxious and nervous when wife starts writing letters and threatening to claim properties. The simple fact is that NO, and I mean a very LOUD NO, there is NO WAY that any Court under the current law will pass any Order giving any property shares to the wife unless it is co-owned by her or she contributed to its purchase. The maximum she can get is right to residence which is precisely that, right to reside, not ownership rights.

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Now that that is out of the way, don't start distributing sweets yet. If you fail to pay maintenance, as ordered by the Court, then you open a pandora's box on your properties. However, here too, it starts with a restraining order on sale until you pay off the dues and it takes a real long time before the Court will order to sell the property or give her a share. 

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Finally, a bad advocate can really screw things up for you if a claim on properties is made and proper defences are not raised in a timely manner, during leading of evidence, in arguments, etc. For example, it is easy for the wife to say that she contributed towards the purchase of the property.

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I think that more husbands have lost properties because of bad advocates then because of bad laws.  

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If you want to save your properties in divorce proceedings, the best solution is to start reading on applicable law and become an expert to fight your case alone, no matter how busy you are or which profession you are in.  Advocates in India have zillions of cases and simply do not have the time needed to do justice to your case. That ultimately results in your loss and sometimes in loss of your property.

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IF YOU AGREE, PLEASE SPREAD THIS MESSAGE AROUND BECAUSE TOO MANY HUSBANDS ARE EAGER TO TRANSFER OWNERSHIP RIGHTS OF THEIR PROPERTIES USING ALL KINDS OF HERA-FERI TRANSACTIONS TO PROTECT THEM FROM THEIR WIFE. AND THERE IS NO SHORTAGE OF ADVOCATES WHO ARE SUGGESTING THIS UTMOST STUPID REMEDY.

 

Samir, i read somewhere that judge views all such transactions as suspicious and generally an honest one will understand the underlying motive. however, if one still get rid of all properties and court is convinced that it was only to escape maintenance and alimony, what can it do? they can order a large maintenance and/or alimony, but if he does not have assets on paper and neither his earnings on paper can give such a large maintenance, what can be done? judge cannot order attachment of assets isn't it?

A growing number of men are quitting their jobs or being 'disowned' by the family business to avoid paying alimony to their wives. When the honey's gone, it's just about the money, isn't it? Ask couples seeking divorce, and the legal wrangles they end up in while claiming or evading maintenance could put any movie to shame. Now, to avoid their spouse from having any monetary advantage over them, men are even quitting their high paying jobs. Quitting jobs during a divorce plea has become routine, going by Justice Roshan Dalvi's observation in a recent case where the husband quit a `3crore-per-annum (plus bonuses) job with Cairn India, just so he could avoid paying a substantial sum as maintenance to his wife and three children. Within a week of filing for divorce, the husband had resigned from his high paying job, transferred `5.5 crore to a separate account, moved to Chicago, where he now lives, and claimed to be jobless. "Why did your client shift to Chicago? He should have gone to Sholapur instead. He proudly claims to have been dismissed. Judicial notice is required to be taken of the fact that in cases where husbands refuse and neglect maintaining the wife and children, they show themselves to have been dismissed," said Justice Dalvi. However, this ploy isn't new, says Shobha, a lawyer at Delhi High Court, who goes on to cite cases as far back as 1983, where men quit their jobs - high paying or otherwise - just to reduce the amount they would have to pay as alimony. But the trend's picked up in recent years, she adds. "Not just that, men often end up seeking maintenance or alimony from their wives, by proving that they're jobless. In 2011, I was the legal counsel in a case where the man not just presented a case in court of being insolvent and that his business had gone bust, but also ended up having the wife, an entrepreneur, pay him `20,000 per month as his maintenance, a car and some other assets," says Shobha. When Meerut-based Trisha Pradhan*, then 37, and her husband filed for divorce 11 years after a rocky marriage, she least expected her husband to evade payment of alimony and maintenance for their son by quitting his job with an IT major in Noida. But that's exactly the ploy he used. "We were filing for divorce on grounds of mutual consent, so this was a little out of the blue. He actually turned around and asked me to support him after divorce since I was working. Thankfully, the court wasn't taken in by his case, and ordered him to pay for the alimony, as well as our son's maintenance, by selling his ancestral property. I did forgo the fight for the alimony, though, because the divorce proceedings were getting so ugly," relates Trisha. While salaried men quit jobs, those involved in family businesses resort to far more astute measures to avoid their monetary obligations, says Saif Mahmood, another advocate with the Delhi High Court. "The effort is to reduce by any way possible the maintenance that the man would have to pay to his ex-wife and children, if any. Business families try to prove that the establishment belongs to the father, and that the son seeking divorce receives a paltry amount as salary. Some families even go to the extent of putting a notice in the papers disinheriting their son before the divorce proceedings begin, just so they can show in court that the man is not in a position to pay alimony," says Saif Mahmood. Karan Mehrotra*, 24, did something similar before seeking divorce from his estranged wife. They'd been married for barely four months before they realised this relationship wasn't going to work. But before going to court, the Mehrotras, acting on the advice of their legal counsel, ensured that Karan had nothing to do with the flourishing family business, at least on paper. He was debarred from family property through a legal notice in the papers. "I was also advised to stay away from home. I took a room on rent during that period," says Karan, who started a business in his mother's name later. "My wife had made me go through hell for the time that we were married, and there was no way we would pay her a penny in maintenance," he adds. But to make villains out of all men would be painting the picture in one colour. "The reason why such tactics are resorted to is because the amount of maintenance being sought by women and granted by courts is so high these days," adds Saif. Advocate Pradeep Norula couldn't agree more. "It's true that men use these ploys to conceal their income, or quit their jobs to avoid paying high maintenance/alimony. But courts are able to see through the ruse if a man has quit the job under what I would term as 'suspicious circumstances'. However, it's also true that women often claim higher alimony than men can afford," he says. *Names changed on request

@Gautam. I am not an advocate but all the not-so-kosher transfers, gifts, sales come under the subject of fraudulent conveyances or fraudulent transfers. These terms were coined in the context of creditor-debtor transactions. Having spent more of my life abroad then here, how the law has evolved in this country on this issue, I am not so sure. But I feel confident that fraudulent conveyances of real estate to close relatives to circumvent payment to a wife, for instance, who technically becomes a creditor, can be voided by a Court. Real-estate been non-perishable or relatively static, unlike financial instruments, is an asset whose transfer can be voided easily unless it metamorphosis into something different - Like a plot sold to a developer who combines it with a neighbouring plot and then builds a mall on it. Well, that  will be difficult to void. However, that would be more of a disposition of the asset and not a fraudulent conveyance of the temporary type.

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The problem is that advocates here tend to give advice with half-baked knowledge. It would be nice to see them give advice with disclaimers  which will also earn them respect. I have suggested that they do so but I guess they are too egoistic and in the process end up giving the wrong advice.

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My general take on law in general, is that the law is as much in your favour as the quality of the advocate you have.