Property settlement
swetha susan
(Querist) 27 December 2011
This query is : Resolved
hello, i am married. during marriage proposal it was promised to my spouse that property will be written on to my name. Property is in my mom's name. how can it be registered to my name ? i dont want my spouse to misuse the property if its written on to my name. is there a way in which it can be transferred to my name securedly ?
Thanks in advance... pls advise
Deepak Nair
(Expert) 27 December 2011
Your Mother can execute a gift deed in your favour so as to transfer the property in your name.
If the property is in your name, you will be the sole owner and your spouse cannot do anything with your property unless and until you give your spouse powers vide Power of Attorney. Your spouse cannot misuse the same without your consent.
The other way is making a will by your mother in your favour, by which the property will come to you only after death of your mother. Thus, your spose cannot use or misuse the property during the lifetime of your mother.
Sankaranarayanan
(Expert) 27 December 2011
I do agree with mr nair .. U follow his sugesstion
swetha susan
(Querist) 27 December 2011
Mr.Nair thanks for ur advise. But am scared to tell you that i am not with my husband now. He is ready to take me only if the property is transfered to my name as promised to him during the marriage proposal. he is not agreeing with the 'Will'. I am scared as of what if he or his family harass me and get my signature and misuse my property.
Is there anyother way to deal this situation? where property can be in my name and it cant be mishandled without my mom's permissions till her life time ?
prabhakar singh
(Expert) 27 December 2011
In case the property is gifted to you by your mother there would be registered deed in your favor,then your spouse or his family can not make any thing good only by forcefully obtaining your signature even on any stamp paper unless they take you to registry office for registration as any unregistered paper barring one[that may be agreement to sale] would be of no use to them.Then if you think or apprehend that they can go to that extent and carry you to registry office forcefully then TRUST in relation seems to have been LOST.You need to guard yourself if they are greedy people.
swetha susan
(Querist) 27 December 2011
prabhakar Sir, thanks so much for ur advise.
V R SHROFF
(Expert) 27 December 2011
Your husband married you or your mom's property. ??
Love and trust are measured by the scarifies you can make for opposite party.
Greed is just opposite of Love,and trust.
The fundamental base, ground of Happy marriage is shaking in your case.
Be very careful. It leads to murder too for property.
I fully agree with Prabhakarji, and advise, wait and watch.
Adv Shrodd
27-12-2011
swetha susan
(Querist) 27 December 2011
yes Shroff sir u r rite. and i gr8ly agree with prabhakar ji. but i am wanting to handle this situation very carefully as i am having 5 months old son. i dont want to spoil his future.
Can it be written like this ?
I want the property in my name and the property should not be sold with out my parents authority. Is it possible to gift by my mom this way ?
Advocate. Arunagiri
(Expert) 27 December 2011
You can get the mothers property by way of settlement deed in your favour.
You can consult a local lawyer for registration assistance.
swetha susan
(Querist) 28 December 2011
can i get little more details about settlement deed...?
prabhakar singh
(Expert) 28 December 2011
NO SETTLEMENT DEED CAN BE EXECUTED UNLESS YOU OWN SOME SHARE IN THE PROPERTY THAT IS IN YOUR MOTHERS FAMILY AGAINST WHICH YOUR MOTHER GETS READY TO SURRENDER HER RIGHTS IN YOUR FAVOR IN THIS PROPERTY OR UNLESS YOU HAVE SOME SHARE IN THIS PROPERTY IT SELF.
AS IT REVEALS NOW TO ME THAT YOU HAVE A CHILD THEN LET THE GIFT BE EXECUTED IN HIS FAVOR AND YOU CAN ACCEPT THE GIFT ON HIS BEHALF AS HIS GUARDIAN.THIS WAY YOUR ALL APPREHENSIONS SHALL GET REMOVED BECAUSE TILL HE ATTAINS 18 NO SALE OF HIS PROPERTY WOULD BE POSSIBLE WITHOUT THE PERMISSION OF THE DISTRICT JUDGE OF THE JURISDICTION IN WHICH THE PROPERTY SITUATE.
WHAT YOU ARE LOOKING FOR IS NOT POSSIBLE AS THERE IS NO LAW TO PASS A TITLE WITH CLOG EXCEPT A WILL WHERE LIFE INTEREST THEN TITLE INTEREST IS CREATED.
Deepak Nair
(Expert) 28 December 2011
Rightly advised by Prabhakar Sir.
The best wayout is to gif the property to your son and accept the gift as his guardian.
