DIVORCE AND PROPERTY MATTER
Querist :
Anonymous
(Querist) 25 March 2011
This query is : Resolved
Dear Madam/Sir
My wife had filed a divorce petition under section 125 and we are shia muslims and married under the shia law. When I found strange going ons about my wife before she filed for the divorce and left the house without informing me, I had all the property partly on her name transferred to my mother as a gift deed via a genuine registered Power of Attorney of hers.
The amounts that we had bought the properties through also was gifted by my mother. It was no money from her side. It was only due to love and affection we had done so.
She has filed a petition in the civil court for fraudulent transfer of property though I had her genuine Power of Attorney given by her and till that date she had not cancelled it or given any notice.
Now after many months again she has sent notice through the lawyer that the rents we are getting for a few of the properties that were at one time on her name partly should be given to her on a 50% basis.
With all the above can she claim any of the property or ask for rent. The divorce matter is still pending in the family court and the civil matter is also pending.
Regards
Devajyoti Barman
(Expert) 25 March 2011
If you have already transferred her share to a third party or in your name then she can claim anything out of it unless she invalidates such transfer through the decree of court.
