Seperation

VASHDEV ADNANI (Querist) 01 November 2020 This query is : Resolved
I have left my home, due to harassments by wife, whom I have Left 17 Seventeen Years back i.e. 2003,
Leaving behind everything, Residential & Properties including Jewelry. Only son is well settled, living with Mother. I am settled living with a female Partner i.e. living relationship.
Today, I am 71 Years. Presently, We all are living happy in our own life.
Can I Legally, Transfer by way of Nominee/ Gift deed/ Will/ etc. My Present Properties in my female Partner i.e. living Relationship, who has Supported me in every Difficult Time.
Thank You and Regards.

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Quick Summary

A 71-year-old man, separated from his wife for 17 years, wishes to legally transfer his current properties to his long-term female partner who has supported him. While he can generally transfer self-acquired property as he wishes, his wife and son might still have claims, particularly regarding maintenance or if properties are in their occupation. Consulting a local lawyer is recommended for the best approach, potentially including an amicable settlement.

Isaac Gabriel (Expert) 01 November 2020
Were they your self own properties? Are you sure they are at your command? Verify by encumbrance certificates and if they are intact, you can venture to transfer as you decide.

P. Venu

(Expert) 02 November 2020
There is nothing that prevents you from disposing your own self earned property in favour of anyone, including your live-in partner.

However, your son and wife can set up claim of adverse possession, if any of the properties are in their occupation. Perhaps, a amicable settlement is what the situation warrants.

SHIRISH PAWAR, 7738990900 (Expert) 02 November 2020
Hello,

You can transfer your self acquired properties as per your wish.

Advocate Bhartesh goyal (Expert) 02 November 2020
Yes ,it is right to say that you can transfer your self acquired property to any one as
Per your wish but note that your wife and son may claim maintenance and sharehold house from you under the provisions of P WDV Act which favours to your wife so amicable settlement is best option.

kavksatyanarayana (Expert) 02 November 2020
In whose name are the residential property & other properties? In the 3rd para of your query, you have stated that " my present properties are in the name of your female partner. so you have no right on the present properties as they are in the name of your female partner.

Dr J C Vashista (Expert) 03 November 2020
I endorse expert's advise, you did not mention whether the property is your self acquired or ancestral.
If it is self acquired you can dispose it as you wish.

Dr J C Vashista (Expert) 03 November 2020
It would be better to contact and consult a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Rajendra K Goyal (Expert) 04 November 2020
You can gift / sell / assign / mortgage / bequeath your self acquired property in favor of any one, no one can object.

Guest (Expert) 04 November 2020
Even if it is an Self Acquired Property of your self your Legal Wife if she approaches an Good Advocate she could easily and Legally get a Stay not to dispose the property until her Maintenance for the period of more than 17 years is cleared with interest. Many cases the Family Court also orders for imprisonment for non payment of Maintenance. Inform / Advise your Legal Wife to approach an Local Good Advocate to make you Learn the Lesson.

Guest (Expert) 04 November 2020
Well Advised by Advocate Mr.Bhartesh Goyal

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