Do we need secure self, ancestral properties in divorce or 498a/406 cases?

Querist : Anonymous (Querist) 25 August 2011 This query is : Resolved
respected sirs,

I have read some where in 498a websites stating that >
"Dispose all the properties - vacant land or the houses which are on your name or your father’s name. Do not transfer them to any of your relatives including your mother; sell them out"

Could we please explain how and why?
Is selling mandatory?

provide me some alternatives so that
I can try to secure my father's house/land and a residential flat which on my name.

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PARTHA P BORBORA (Expert) 25 August 2011
!!!!!!!!!!!!!!!!??????????????????????!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!11

ajay sethi (Expert) 25 August 2011
in respect of residential flat in your name after marriage your wife has right in said flat . in case you apply for divorce your wife is enttiled to be provided with alternative accomodation or flat wherein you pay her rentals . she can also file for injunction restraining you from alienating your flat . under domestic violence act she has rights over shared household wherein you have been staying together . she can also claim maintenance for herself and children .

you need not sell your flat but remember your wife is enttiled to share in her matrimonal home

prabhakar singh (Expert) 25 August 2011
Expert : ajay sethi has rightly guided you so do not go panic.

Querist : Anonymous (Querist) 25 August 2011
1) The flat which i purchased is not after the marriage. I purchased it almost 3 years before the married year.

2) I have one plot and few agricultural lands and one individual house on my father's name.

Is there any bit of chance to my 498a wife to claim share on these or during maintenance when divorce is filed.

kindly reply now as i had given more information about my concern.

Also to tell you about my wife she is a technical degree holder and working in a gaint IT firm. She is having sufficient source of income and funds in the bank.

Querist : Anonymous (Querist) 25 August 2011
I do not have children tooo.......just married 1 year before (in 2010 only).

prabhakar singh (Expert) 25 August 2011
1) The flat which i purchased is not after the marriage. I purchased it almost 3 years before the married year.

2) I have one plot and few agricultural lands and one individual house on my father's name.
Answers
She has no concern with ownership of your or your fathers' property.

Is there any bit of chance to my 498a wife to claim share on these or during maintenance when divorce is filed. ??

Answers
As already told she can not claim ownership title or share in properties told by you.

What Mr.Sethi told you that a wife who is unable to maintain herself ,has a right to seek maintenance from her husband under 125Cr.P.C. as well as under Dv Act and also under Hindu maintenance Act(for short)in according to status and income of her husband.And simultaneously she is also entitled to a right of residence under Dv Act.

Also to tell you about my wife she is a technical degree holder and working in a gaint IT firm. She is having sufficient source of income and funds in the bank.

Answers

If her income is proved greater than you then court will not award any maintenance to her but in case she succeed in showing
that your income is greater than her,and her income is not sufficient to meet her day to day or monthly expenditure ,then court will award her to make good the short fall proved by her.

If children are not their then no maintenance on that account be awarded.If your parents are with no source of income
and dependent on you then court will take account of this fact if deciding to award maintenance to your wife.

Do we need secure self, ancestral properties in divorce or 498a/406 cases?

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