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Can wife blocked my propery from being gifted or transfered?

This query is : Resolved 
 

(Querist)
21 April 2012

I have been separating from my wife for last 8 months. My lawyer is suggesting me to transfer or Gift my property to my parents before my wife send any notice to block me to transfer or gift. There are not single case from any side yet. But threatening from my in laws. So I put ‘NC’ in my area local police station.

Property was bought before marriage
She has not contributed in this property and has stay with me for only for 3 months.
She is earning and more educated than me. But less salary (10 k) than me( 25k).

My problem is that if I close my home loan by repayment and gift to my parents. My in hand salary will be increases and I have to pay her more Maintenance. So I’m little bit hesitate to close my home loan.


She really can block me to transfer or gift to my parents by sending any notice?


ajay sethiOnline (Expert)
21 April 2012

ramesh

under provisions of DV act your wife has right to stay in shared household . after marraige she has stayed with you in your flat . so legally when she makes an application to court it will grant her right to stay in your flat .

if you tranfer flat by means of gift her lawyer will point out that transfer by means of gift deed has been made to circumvent any orders that may be passed by court .

if you transfer porperty by way of gift your parents become absolute owner of property . your siblings will also have an interest in said property .

you are between devil and deep blue sea . you may not be liable to pay maintenace if your wife is earning nad you have dependent parents to look after .

Devajyoti BarmanOnline (Expert)
21 April 2012

Before the coming into effect of the PWDV Act, the wife did not have express right over the property of husband though charge could have been created in arrears of maintenance under Hindu Adoption and Maintenance Act.

Under this Act if the case is filed and restraint order is passed, even transfer is made would be of no effect.

Hence go for transfer of the same. At least stakes would be much less if it is transferred in the meantime.

Kamesh (Querist)
21 April 2012

...application to court it will grant her right to stay in your flat
>>> She will never come to my home. As she is not like to stay with me aswell. But her brohter and mother forced her for the same.


...circumvent any orders that may be passed by court
>> That means Should I wait and let her to claim on my property / Flat ?


...your siblings will also have an interest
>> My only sister has been married in wealthy familly. She has not lillte interst in my fathers peoperty.

...you may not be liable to pay maintenace
>> No a day I heard a famous slogan that even if your wife is earning you have to pay her maintanance. Still confusion.


...even transfer is made would be of no effect.

>> My gifted flat would be no worth ? Can she claim on my parents property ?

...Hence go for transfer of the same. At least stakes would be much less if it is transferred in the meantime.
>> Didn;t get you suggestion

Nadeem QureshiOnline (Expert)
21 April 2012

Dear Querist
as you inform that the court pass an order to stay in your flat, you can not transfer the property or sale the property without permission of the court.
if the wife is earning but can not live with her status and dignity and husband's income is more then her then she can claim maintenance from her husband and court consider the fact.
feel free to call

Shonee KapoorOnline (Expert)
21 April 2012

Yes, the court can pass such orders.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com



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