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Karan (manager)     22 April 2012

Guidance needed please

 

My case is- my wife cannot adjust with our family and hence wishes to live separatetly. She does not like to live in the house which we have either now or even after us. 

She has agreed for one time settlement of Rs 9 lakh. But when I asked for divorce, she said- she does not like to have that title, but she is ready to sign any document stating that she does not need anything (even monthly maintenance) after that. 

We do not have children. Ours is love marriage and intercaste Hindu marriage. 

Her brother has a property (half constructed house) in a land of 4 cents which he would be ready to give her for 2.5 lakh. She will fully construct it in around 1.5 lakh and then she will live with the bank interest of the remianing 4 lakh. She also may work and earn some around 3 to 5K per month. 

She is just SSLC fail and I am graduate and central govt employee. My income is around 33K per month. I have donated more than 50% of money to charity and like to continue. 

But at present I am likely to stop working and ready to take VRS in a year. I have completed 14 years of service and need just one year to apply VRS. If my VRs application is accepted, i may get pension. Else i may be dismised from the job (if I stop working). 

My wish is to live on pension (which may come at around 10K per month).  And like to donate all the self earned property to the charity (a trust) by will.  

At present i have property worth 25 lakhs (self earned iimmovable proeprty) and a present bank balance of just Rs 4 lakhs. I am also eligible for the ancestral property from my father which is around 15 lakhs. But at present it is in father's name. I would like to will it into my brother. But  it is in dispute and my uncles are not allowing us to step into our own property. But legally, there is no court case. We have just kept quiet and busy in our work.

Actually I have no financial burden of my parents (since my brother can take care of that), but can show that I have burden, because my father is 76 yrs old and has no earning.

 

Now, if I agree to my wife and pay Rs 9 lakh just by writing an agreement, 

1)Can she demand money from me later by going to court? If yes, how much can she demand if i am not working at that time? [How effective this agreement would be? Is there any difference if we just write it in stamp paper or notorize it? What is the stamp paper value for Rs 9 lakh?]

2)Is there any difference between pension and family pension? does my mother have right over my pension or just wife after my death?
 
3)What right has a mother have on earnings of his son?
 
4)Can I will my gratuty, LIC, etc to the trust?
 
5) Can my wife question the will written by me to the trust?
 
6)In case, in future if the law comes that- "wife has right over husband's self earned property", but if she is good and does not wish to get it as she has agreed now and is willing to sign such an agreement, will the trust people (or will executors) need to contact her once again to get her statement or just if they produce the will is enough? 
 
7) In such case, I may have to do gift deed my properties to my mother and ask her to write will for the trust. Hope she cannot question that. Is it not? 
 
Thanks to all. 
 


Learning

 1 Replies

Karan (manager)     22 April 2012

Also-  

8) after death of my wife, can her relatives claim on my properties? 

9) Note:- I have not taken any dowry. 


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