Can wife ask the share in my parents property
Prabhat
(Querist) 09 April 2012
This query is : Resolved
Just 5 months after my wife left me. We got separated since last 10 months & completed 1.3 yrs to marriage.
Can she claim my fathers/ mothers property too (home / car / Moms jewellary)? I have one married sister too.
AS I have Flat on my name and my father is co-applicant and we are currently living in that flat. 10 lakh loan is on my Flat.
Now to protect this flat I have two options to my hand
1. sold this to my sister & her husbands Name (Full trust on them also my jija is from rich family) after saleing flat the loan will transfer on them. I will pay them the premium every month
2. Transfer my 50% share to my mothers I will be guranter to laon. I ask about bank that my mother has home on her name at my native place. I will handover thats home docs to bank till loan will be over.
your loan will be secure
Bank is agreeing for the same
Please suggest me your legal openion
Raj Kumar Makkad
(Expert) 09 April 2012
It is better to go with second option. Your wife is not entitled to claim ownership against the properties standing in the names of your parents.
sibasish pattanayak
(Expert) 09 April 2012
Prabhat ji ,
in reply to your first qs. in my opinion that your wife is not entitled to claim any share of your parents property.
in respect of your two option i beg to differ with respect with the expert opinion,as i read in the LCI (r.k.makkad), because it is clear that only with an intent to deprive your wife you are going to sale the flat in question , morefully to eye wash the judiciary as a whole.
second option also not strong 50% of the flat will remain in your name , as she is legally married wife she can claim over the 50% so litigation will be continued not only with you but also with your aged mother, for the shake of argument you are a Govt employee , in that event your empolyer bound to produce your salary details, so there is no chance to evade. a pvt employee also is not out of touch ( RTI)
In my considered opinion you have to give an offer to your bank , as you are not interested to continue this loan schedule hence beg to surrender the flat, fore close of you account, as the property mortgaged by the bank - property belongs to bank.
you can enjoy you hard earn money as per your choice , with confidence.
lastly you pl consult with a Lawyer in your area for proper guidence.
regards,
sibasish pattanayak, Advocate.
sibasish_adv@yahoo.co.in
sibasishpattanayak@snslegal.in
call me after 7.30c pm : 09874854594
Deepak Nair
(Expert) 10 April 2012
I would go with the advise of Mr.Makkad.
SAINATH DEVALLA
(Expert) 10 April 2012
Dear Prabhat,
Was the flat jointly purchased by you and your father before you got married?AS far as your mother's propertyor jewellary is concerned,you and your sister are the only heirs.Other things as suggested by Mr.Makkadji.
Shonee Kapoor
(Expert) 10 April 2012
I also endorse the views of Ld. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Prabhat
(Querist) 10 April 2012
Bahot bahot Dhanyavad Mr. Makkad sir and other Experts sirs…
I just come by HDFC bank. Now there senior personal told me that signed an application about your request. Then they will decide in committee meeting. Not sure what will happen.
During… he certainly raised an query that what will happened if after removal your name … & after few month ….. You raise your hand and said…. I will not pay your premium then?
I politely replied them sir you have my mothers home docs too in oyur custody and my current home flat is around 30 lakh. 3 time than my loan. Then he sudden kept quit and replied that I will try on my best.
Then he smiled and replied then at last head ace is on banks side finally…
I hope & crossed my fingers that committee will agree
@sibasish pattanayak Sir : Flat on my name and my father is co-applicant.
So 50%: me & 50%: father
I will transfer my 50% to my mother, and then I will be out of property.
@ SAINATH DEVALLA Sir: My flat was purchased (registered) 1.2 years before my marriage.
Prabhat
(Querist) 10 April 2012
Which is better 'Property GiftDeal' or 'Property transfer' ?
I also heard about "Haak Tyyag"
Shonee Kapoor
(Expert) 11 April 2012
Haq tyaag doesnot hold good in the instant case. As the property already stands in your name
Gift the property and get it registered in the name of mother.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
