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Another male victim of wife's harassment. seeking divorce

Page no : 4

Adv Radhika Mehta (Advocate)     27 August 2017

Vinay, i believe that your mother died intestate, i.e. without a will right? In that case, the property will devolve both upon you as well as your father.  So even if you do have to make a gift deed/ relinquishment deed, the same will only be for 50% of the property. 

Since your divorce matter is presently pending, the advise given by your lawyer seems ideal so as to not draw the Court to the conclusion that in order to deprive your wife, you deliberately transferred the same to your dad. 

However, you had previously mentioned that the rents were credited held jointly by you and your parents. What is the position of that account? Is your wife aware of this account?  

1 Like

Vinay   27 August 2017

Originally posted by : Adv Radhika Mehta
Vinay, i believe that your mother died intestate, i.e. without a will right? In that case, the property will devolve both upon you as well as your father.  So even if you do have to make a gift deed/ relinquishment deed, the same will only be for 50% of the property. 

Since your divorce matter is presently pending, the advise given by your lawyer seems ideal so as to not draw the Court to the conclusion that in order to deprive your wife, you deliberately transferred the same to your dad. 

However, you had previously mentioned that the rents were credited held jointly by you and your parents. What is the position of that account? Is your wife aware of this account?  

Radhika Mam, Yes, She passed away without a will. My Lawyer was also saying that I would be the Class 1 heir and my father would be class 2 heir as per the property act of case wherein Hindu female dies intestate, so it would be ideal to have a gift deed done and not a relinquishment deed because I'm the right legal heir and not your father and no question of split of property rights each 50% would arise since he is class 2 heir. It would be difficult to avoid attention from the opponent lawyer on the timing of the property transfer (Which they are going to say it anyhow we can still stick to the same point that this was my mother's last wish and as well my intention also which was one of the reason for my wife to create ruckus in my family life and go away from her matrimonial house filing wrong cases).

My question is: If the above is correct then can a son transfer the property to his father without Gift/Relinquishment deed using a Attornement notice? I should have the property duly transferred to my father's name first and then give the attornment notice to the tenants to pay the rent to my father in the same account where it was being transferred. If I transfer the property via Gift deed then it would not be necessary to give the attornment notice at all since my father would be the owner through the grant from the gift deed correct? 

Yes, the rents are being credited to the account where my mom and dad were joint holders recently my dad added me also as a third joint account holder considering his age and other practicalities. My wife does not know about this account but court can ask me to produce the documents where the rents are being credited correct? Please let me know your thoughts on this. Thank you

Adv Radhika Mehta (Advocate)     28 August 2017

Originally posted by : Vinay




Originally posted by : Adv Radhika Mehta



Vinay, i believe that your mother died intestate, i.e. without a will right? In that case, the property will devolve both upon you as well as your father.  So even if you do have to make a gift deed/ relinquishment deed, the same will only be for 50% of the property. 

Since your divorce matter is presently pending, the advise given by your lawyer seems ideal so as to not draw the Court to the conclusion that in order to deprive your wife, you deliberately transferred the same to your dad. 

However, you had previously mentioned that the rents were credited held jointly by you and your parents. What is the position of that account? Is your wife aware of this account?  





Radhika Mam, Yes, She passed away without a will. My Lawyer was also saying that I would be the Class 1 heir and my father would be class 2 heir as per the property act of case wherein Hindu female dies intestate, so it would be ideal to have a gift deed done and not a relinquishment deed because I'm the right legal heir and not your father and no question of split of property rights each 50% would arise since he is class 2 heir. It would be difficult to avoid attention from the opponent lawyer on the timing of the property transfer (Which they are going to say it anyhow we can still stick to the same point that this was my mother's last wish and as well my intention also which was one of the reason for my wife to create ruckus in my family life and go away from her matrimonial house filing wrong cases).

I do believe that you should take a second opinion on the same as according to me, if a woman dies intestate, class 1 heirs would be her children and husband. 

My question is: If the above is correct then can a son transfer the property to his father without Gift/Relinquishment deed using a Attornement notice? I should have the property duly transferred to my father's name first and then give the attornment notice to the tenants to pay the rent to my father in the same account where it was being transferred. If I transfer the property via Gift deed then it would not be necessary to give the attornment notice at all since my father would be the owner through the grant from the gift deed correct? 

I believe that no transfer without a Gift/ Relinquishment Deed is complete. Attornment Notice cannot be used as a subtitute for an Actual Transfer. No, giving Attornment Notice is not compulsory.   


Yes, the rents are being credited to the account where my mom and dad were joint holders recently my dad added me also as a third joint account holder considering his age and other practicalities. My wife does not know about this account but court can ask me to produce the documents where the rents are being credited correct? Please let me know your thoughts on this. Thank you

Your wife may make an Application for production of your documents including all bank accounts held either singly or jointly. 

 

1 Like

Kumar Doab (FIN)     28 August 2017

The terms used by you ( as per your own understanding or interpretation) ClassI,II legal heirs in the thread or by your Lawyer are wrong.

In case of Hindu woman there are NO ClassI, II legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman if nature of property  is self earned/acquired/absolute and she deceases without disposing her estate/property by a valid/registered  WILL/deed then 1st right is of husband (if alive as on date of death), sons,daughters..............

As already expalined earlier, in your case your father and you as per facts posted by you, are your mother's successors/legal heirs and 50% share shall  devolve on each of you.

You can submit the death certificate,legal heir certificate  (without delay) to the O/o authority under whose jurisdiction property falls for updation of inheritance in mutation records and get update copy of mutation records. Thereafter you attain rights equal to that of owner (by inheritance) and can act like owner............including but not limited to decision of rent sharing, notice to tenants..............

 

You and your father can decise amongst you to share rent earning and even draw and register agreement on it and collect accordingly.

Your father has a bonafide requirement as posted by you.

He alone can be rent collector.

 

 

 

 

 

 

 

 

 

 

1 Like

Kumar Doab (FIN)     28 August 2017

Your father has a bonafide requirement and can prepare his expenses and requirements............

If he is unable to maintain he can claim maintainance from his family/relatives..........

The quick, speedy, economical, ememedy can be sought under:

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

The expenses may not be more than Rs.1000/

 

The order can not be violated.

If you pay as per order that is your liability and your wife can not object.

Check on this prespective locally.

Discuss with your own counsel.

 

 

 

1 Like

Vinay   17 July 2018

Hello Radhika mam, Kumar Sir, 

I have been informed today that the family court has granted and passed an order for me to pay my highly qualified wife (not willing to work any more).

My advocate has been very supportive to me on fighting this case. I have followed on all the advise points highlighted by you in the previous thread. Thank you for that however need your intervention again on the below points:

Just to give you a quick glimpse on my case so that you do not have to go to previous pages to read the history of my case:

1. Wife holds Triple degrees (BSc, Msc – BioTechnology), B.ed – Teaching.
2. Currently not sure if she is working.
3. She has worked in the past as a lecturer/teacher in a private education institution earning decent salary to live a good life
4. I work in another city and this was well aware to her and her family members before getting me married to her
5. This is second marriage to both of us. Both are Hindu. First marriage ended me on MCD – Mutal Consent Divorce where I had filed RCR but wife wanted Divorce. She claims her first marriage ended in MCD.
6. Current wife left matrimonial house with her cousin after my mom passed away and my father’s health also toppled (Mom’s age – 74 at the time of her passing away. Dad’s age now: 79 – multiple health issues)
7. She did not want to support me in managing my father as I’m the only son with no other siblings
8. She is reluctant to live in the same house and wants to live a lavishing life
9. When refused to the above, she abused me, physically assaulted me and threatens most of the time to commit suicide. (Once she pulled the car hand brake when travelling to visit my father from my working city – Almost dead in a car accident that day but God’s grace nothing happened)
10. Filed false complaint on me and my father that we have pushed her out of the house and lodged a false complaint against me.
11. Sent local social organization represntatives (Goons) to threaten my father and me to listen to them and take my wife back after all the hungama she did by leaving the house as mentioned above. This left me with no choice to approach the court to file a divorce petition in family court to get relief from her harrassment.
12. Unfortunate that family court has granted to her application of interim maintenance of 25000 INR. We have no kids and she is highly educated. Court despite being informed of my elderly father’s health issues and home loans, car loans, personal loans that I have has still awarded the above maintenance amount
13. She has hid the fact that she is well educated (triple degrees) and also was working earlier and she has not come clean in the court.
14. Wife’s Brother has a habit of wearing her clothes and inner garments. She says its fine he does it and had shared a few pics of him wearing her clothes and asked me to to the same. I refused to her demands and she says that I’m not fun loving or dont know how to enjoy. Have filed the photographs of her brother’s weird habits or fantasies in my divorce petition highlighting her insanity. Will this aspect be considered in my divorce petition along with her other documents/evidences produced
15. She was sent many job links when she was married and staying at my house but it has fallen on deaf ears. Emails on the same were given to the family court but it looks to have been sidelined and then passed the interim maintenance of this high value amount in her favor.

Please let me know how to fight this case forward and get this maintenance order set aside. Can I also fight my divorce case petition in higher court just because maintenance order was given in family court? Please advise and show me the right path to fight ahead. Do let me know if any additional details are needed

Thanks for your valuable comments in advance.

Regards,

Vinay

Vinay   05 August 2018

@Kumar Doab Sir, @Radhika Mam, Please reply and guide me. I have posted my queries and an update on my ongoing divorce case. Need your advice to take suitable steps ahead. 

Vinay   15 August 2018

@Kumar Doab Sir, @Radhika Mam, Please support me in giving me proper advice for the query posted. I'm in dire need of correct legal guidance. 


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