Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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arunkumar rajendran   13 April 2022

Can i gift a self acquired property to my mother without consent of my spouse

Dear Learned Experts,

Can I gift a self acquired property to my mother without consent from my spouse (wife). I need to do this as a way to offer a permanent protection/shelter for my mother.

Can this transaction can be challenged later during any divorce/separation proceedings while estimating my net worth ? 

 

Thanks,

Arun

Read more at: https://www.lawyersclubindia.com/forum/create_message.asp



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     13 April 2022

Yes, you can gift,sell or transfer your self acquired property to your mother or anyone in your lifetime without consent or permission to your wife. Your wife has no right to make objections in this regard.

Shubham Bhardwaj (Advocate)     13 April 2022

Dear Mr Kumar, 

I agree with Sh Bhartesh Goyal G. Please note that wife is not a coparverner in husbands property. The impact is that that she cannot demand partition unlike other coparceners. Thus, you can without any reservations, transfer your self acquired property to your mother.

Further,  the said property cannot be made subject of litigation in divorce proceedings. 

 

Regards

Shubham Bhardwaj (Advocate)

Distirct & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance.

P. Venu (Advocate)     13 April 2022

Yes, you can gift. However, the posting suggests deeper issues.

Kishor Mehta (CEO)     14 April 2022

Not if your wife has already filed a Dv or Divorce suit against you. 

arunkumar rajendran   15 April 2022

Thank You Sir for the opinion


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