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(Guest)

Buying property in parents name during dv case

Hello,

My wife filed a DV case and I have received some good advice on this forum.

Case was filed on 30th jan 2017 and I had committed to buy a property for my parents in Dec 2016 for which I paid 37 lacs to my parents from my account. Amount was paid to builder in April before first data of hearing for us.

Can my wife/court object to it as this was my money and not from any joint account.

 

Vanshul



Learning

 7 Replies

Raveena Kataria (Advocate )     10 July 2017

Rest assured, (or at least in my best opinion,) there are no grounds upon which your wife can object to you making use of your own personal money in whatsoever way you prefer.
2 Like

(Guest)

Thank you.

I have bought a property earlier and gave 33% share to her, my mother and father. So I dont have any propertry in my name.

I bought a car which again I bought in her name. She has taken that away too. I paid 1 lakh for car in cash and I have ban statements showing that. But anyways even my kid is using it for his weekend trips with mom so I am fine with that. 

I am ready to give her 33% share after selling flat. she is not agreeing to sell tha flat also and asking me to give her my parents share also. or extra 18 lacs. :(

Raveena Kataria (Advocate )     10 July 2017

She has probably, as one can perhaps put it, spent a dime on expensive legal help to uncover all the colorful ways she can use to get even more money out of you. However, I see no loophole here which she could use to her benifit.

If she does somehow file a suit for share in such property as well, I'd advise you to get an able advocate for yourself so he/she can smoothly get you out of the mud. Even if she gets the flat in question (in which she has just 33% share,) I don't see how she is entitled to anything more beyond that.

1 Like

(Guest)

Sure thanks.

she is using child as pawn for all this. I havent seen my kid for 1 year. I am in US and she is in gurgaon. Due to some visa issues , I am not able to travel till Oct. So gave SPA to my parents for case.

She is agreeing for mutual but is asking for 38 lacs in total which I dont have now. and I recorded all her conversation where she demanded money for letting me speak to and see my child.

Ms.Usha Kapoor (CEO)     11 July 2017

I concur with Ms.Raveena Kataria's 'opinion.Nothing more to say.

1 Like

Ms.Usha Kapoor (CEO)     11 July 2017

Sinxce  th eproperty i sself acquired you can keep th eproperty by way of gift, sale ,lease, mortgage  etc  in th e name of anhyone including you rparents name. She absolutely doesn't have any rights what's over on your self acquired property.Enough of  gifts galore from your side in her favour. UN everything you bought until now you've been giving her share. You've been acting liberqally. It proves that you are not demanding any dowry from her  and  not greedy and not milking her parents to PAY MORE MONEY AND  VERY  LIBERAL IN GIVING HER SHARE IN MOST OF YOUR RPROPERTIES.Don't get cowed down by her black  mailing tactics. You  can claim CHILD CUSTODY AFTER THE KID CROSSES 5 YEARS IN AGE i F YOU ARE FINANCIALLY BETTER OFF THAN  HER AND  GIVES THE BOY AMPLE LOVE AND  AFFECTION THE COURT HANDS OVER CHILD CUSTODY TO YOU FROM CHILD'S WELFARE POINT OF YOU as child's welfare is paramount consideration in court's view.


(Guest)

What you paid, gaive to her that was during subsistence of marriage "then".  If you have not paid her a penny since she filed DV case, that will amount to cruelty.  You can be sent to jail if you dont maintain her now.

You maintainer her and children.

But question is does court know that you are maintaining her now also?

Men emotionally or under blackmail tend to pay money etc even before court orders, that wonnt make you saint in eyes of court.

You need to pay when court asks you to pay.  In court there are no room for emotions.


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