sensitiveman (executive) 11 October 2012

Attachment of property

Dear All,

Wife filed divorce petition under mental cruelty. Already had 2 counselling sessions. In the 2nd counselling session, mutual consent was taken regarding the interim child maintenance and access. The query is that I had a property in joint ownership with sister and I gifted my share to mother after the mutual consent of child maintenance, I wanted to give the child maintenance genuiely but dont have huge savings in my name except that property so in case I lose my job and unable to pay maintenance then still judge has the power to attach my gifted property to mother for the recovery of maintenance ?

Thanks in advance.

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1 Replies

Tajobsindia (Senior Partner ) 11 October 2012

Originally posted by : sensitiveman
	XXX The query is that I had a property in joint ownership with sister and I gifted my share to mother after the mutual consent of child maintenance, I wanted to give the child maintenance genuiely but dont have huge savings in my name except that property so in case I lose my job and unable to pay maintenance then still judge has the power to attach my gifted property to mother for the recovery of maintenance ?

Let us try to answer your question with a question.

Say in harmonious relations with your wife and child this same property in same gift situation is shown. Now under this backdrop you loose your job and mind it wife and child and that gift property is as it is.

Que. now is what as a father to a child and husband to a wife would you do for his family?

Answer above question and that is what Court will ask you to perform from your own abilities if then a Court case gets filed.
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[BTW, once a gift is complete, it cannot be rescinded is the Law of the land barring one Advocate + one Retd. Scientist’s member understanding of Law here in LCI.]