Sanjeev RS (SELF EMPLOYED) 22 July 2012

Hindu marriage & divorce act rules latest

Dear Respected Lawyers,

First of all I would like to give my whole-hearted thank you to all you eminent lawyers for answering my queries promptly and satisfactorilySpecial Thanks to Mr. Srinivasan M.N. and Mr. Anil Sarda. Very grateful Sirs.

I am located in nasik city in Maharashtra. I request you to please enlighten me on the new/latest hindu divorce act. My mother & I wish to gift our ancestral house and some moveable/liquid assets to my elder brother & his son, my nephew and my mother's grandson. For reasons i cannot disclose now & God forbid if my nephew goes into a divorce anytime later, can this ancestral property be attached to his divorce payback / alimony. Formerly the matrimonial house and assets bought after marriage could be attached, but lately with a lot of divorce laws being passed in favour of women, what is the current situation. Of course I understand that in the near and distant future newer laws will be passed. But please advise me on the current divorce law scenario in Maharshtra India. Thank you. Request you to give as detailed reply as possible.

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1 Replies

Tajobsindia (Senior Partner ) 22 July 2012

1. In Maharashtra it is still a proposal not yet State Law.
2. The Central Law Amendment is proposed and not yet law.
3. Make a "Trust" for today, tomorrow and for future in names of parties whom you / your mother wants to give ancestral properties as you say so in your brief. That is safe for generations to come.
4. Consult an advocate / CA locally via reference who specializing in formation of Trust and do the needful if reply found appealing to cause title of this thread post.

Current forms of personal Law have no answer currently and what future State and or Central Amendments in personal Laws will bring to table is already discussed here in past several dozen posts. Read and understand them once again.