Sale or gift
Sundram N
(Querist) 11 March 2013
This query is : Resolved
Dear Freinds and seniors,
kindly share your expert view that, husbnad is implicated 498a and 125. wife side is always thinking to take his flat at any cost. flat is in name of husbnad which is taken on loan and loan amout is outstanding very nominal amount.
what is to be taken care that husbnad can do to pay loan amount and gift such flat to the name of mother or sale the flat. he has only one property in his name of such flat. other property is in name of his father acquired by his father.
please suggest what to do to save from misutilisation of hard earned income.
Sankaranarayanan
(Expert) 11 March 2013
your wife side have no right to ask about ur self occurred property. But if the property was purchased with the help of her seddans or money then they have right.for which they need to show the evidence that those money was utilized for the purchases. But you mentioned that it is under bank loan, and you only pay all the loan liabilities then how they claim the property forcefully. But maintenance should be given according to the order of court.
Sundram N
(Querist) 11 March 2013
Dear Narayanan,
if husband is not able to pay huge amount of maitenance to wife or accumulated amount of maitenance from the day of application then the flat can be seized or sale by court. in diavorce, she can demand share in residential flat.
please suggest what to do to sale or gift to mother.
what is your valuable suggestion.
Sankaranarayanan
(Expert) 11 March 2013
The court never given order for such huge maintenance . What he is doing. i mean doing business or employee of pvt or public or government servant
prabhakar singh
(Expert) 11 March 2013
Just now you are owner;hence you have right to transfer it.You can choose to sale to a stranger instead of gifting it to your mother for the apprehended reasons because
in case you fail to pay her decreed or ordered maintenance she may set up a case that transfer was with preoccupation to defeat her decree and as such the same be held a sham transaction,then donee being mother collusion could be understood but buyer being stranger could plead bonafide purchaser for value as his defence to your wife's plea of sham transaction.
But you have not stated what monthly amount she has claimed?
Raj Kumar Makkad
(Expert) 11 March 2013
being your exclusive property owned by your hard earned money, none can snatch it from you so there is no need to worry but even then if you think pressure of any kind as told by you then better to sale it and purchase some other property at unknown place or locality to your wife.
Devajyoti Barman
(Expert) 11 March 2013
adequately advised above.
do as you understand...
Devajyoti Barman
(Expert) 11 March 2013
To add more you may think of transferring the property to any of your parents to avoid getting it landed in the lap of your wife.
Sundram N
(Querist) 12 March 2013
Dear Hounarable prabhakar Singh,
Sir, you have asked about amount of maitenance as demanded by wife. she demanded 50000 ( fifty thousand) as maitenance. Two Children are kept by her father for extorting huge money in name of maitenance. husbnad said a lot of time to give children for giving good education but wife denied because of extorting huge money as maitenance. children age is more than 7 years. one duaghter and one son.
husbnad's income is more& less 45000 pm. and he is paying EMI of house 8000 and personal loan 14000. the personal loan was taken at the time of wife taking money from husbnad for giving her father.
please share your expert view and give a clear guidlines.
prabhakar singh
(Expert) 12 March 2013
So it is only 23 k left in hand after paying EMI of two loans.Her demand is exorbitant.Court shall not award her demand if prove what you say here.You should seek custody of your son which may or may not be granted but you are entitled to claim it as his age is above 7 years.
On facts stated you can choose gift house to mother if you do not wish to sale it to any stranger.
Raj Kumar Makkad
(Expert) 12 March 2013
While deciding the maintenance, courts duly taken into consideration of the income and needs of both the disputing parties. The same procedure shall be applied in your case. The custody of children can legally be demanded by you by filing a separate petition.
