Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Can she take my flat

Page no : 2

stanley (Freedom)     09 September 2013

@ Author .

I agree to @ sufferer as the property is in your name you are at liberty to do what ever you want with your property . You have not stated the details of your wife if she is working women having her own source of income and drawing a HRA where in you can counter her claims for right to residence ..

 

NRI Legal Consulting (Consultant)     09 September 2013

Yes You can transfer your property to yours parents.  this will good for you.

              For more detail query us query@nrilegalconsulting.com 

karthik (divorce applicant)     09 September 2013

i guess it is better to transfer to your mother, if in case IRBM(13b, 13c) comes they again try to pull your legs by saying it will be inherited to you in future. i did same to one of my plot before my wife going to file 498a on me

Gopal Arora (Engineer)     09 September 2013

@Karthik

Are you saying that property in the name of mother is safe whereas in the name of father is not safe. Please explain. There are many husbands worried about property especially because of the proposed IRBM.


(Guest)

@ above,
 
Go through the following link:
 
  SUPREME COURT OF INDIA : Dated  15 December, 2006

karthik (divorce applicant)     09 September 2013

yep i too heard of the same as Suffer said that too a inheritable property means got from father or from his grand father that is inheritance, where as property on mothers name is not be considered as inherited property if she has both sons and daughters she can give to both or to sisters alone, so based on this fact atleast i assume we can save our property unless in future govt adds one more amendment saying wife has 100% owner ship over mother in law property.. anything happens in india


(Guest)

Hey Karthik Thanks...

Want to know that if father died & his property has been transfered on mother's name... will it consider as inheritable property

Thanks

Gopal Arora (Engineer)     10 September 2013

@sufferer, @karthik

the given judgment says that wife cannot stake her right to residence in mother-in-law's house but can raise her right to residence from husband's property/house.

It does not mean that property in the name of mother is not inheritable.

ashishvidyarthi (engineer)     11 September 2013

Agree with Gopal there is no advantage in this context in transferring property to mother's name, over doing the same to father's name.

Regards

ASHISH

karthik (divorce applicant)     14 September 2013

your mother has right to share her property to any one in your family(sisters), so you are not the sole inheritable person of your's mother property. as seen in news papers if new IrBM will be amended then directly we have to share our Grandfathers, father's inheritble property but not mothers.


(Guest)

@Karthik 

Want to know that if father died & his property has been transfered on mother's name... will it consider as inheritable property

Thanks

 

(Guest)

@ Gopal & Aashish,

 

Don't live in the world of assumptions....

Why to gift mother and why not to gift father?

or why to gift sister and why not gift brother?

or why to gift your neighbour and why not to gift your own uncle?

and the list will go on...............

Better get a full stop on your question of threats.

 

Make a Note: A self acquired property why any means on whomsoever name has sole and whole right of himself/herself who owns the property by name.

There is No question of threat from any body and from anywhere to acquire it legally without his/her consent.

 

Now come to your question whether not to gift father as it will come under inheritable property.

 

Answer: An inheritance claim comes when the successor of the previous one dies and left for the subsequent successor that is his son. So,if you will gift him it will neither come under inheritable property becauze it has not come from the inheritance as you are not the Baap of your Baap.Think over it...!!!

 

The property which you will gift him will come under self accquired proeprty once his will flourish as the sole owner of such property.

 

Now why to gift mother and not father?

 

Answer: First Read HSA 1956

 

My opinion is same as above paras. The women till she is alive no one can claim her property and neither it comes under inheritable property. It's her children & husband will get the share after her death. Therefore,to whom ever you will gift a property that property legally belongs to him/her.

There is no question of threat from any body if he/she writes a will for such acquired property before his/her death.

 

Regards.


(Guest)

@ Gopal & Aashish,

 

Don't live in the world of assumptions....

Why to gift mother and why not to gift father?

or why to gift sister and why not gift brother?

or why to gift your neighbour and why not to gift your own uncle?

and the list will go on...............

 

Better get a full stop on your question of threats.

 

Make a Note: A self acquired property why any means on whomsoever name has sole and whole right of himself/herself who owns the property by name.

There is No question of threat from any body and from anywhere to acquire it legally without his/her consent.


Now come to your question whether not to gift father as it will come under inheritable property.

Answer: An inheritance claim comes when the successor of the previous one dies and left for the subsequent successor that is his son.

So,if you will gift him it will neither come under inheritable property becauze it has not come from the inheritance as you are not the Baap of your Baap.Think over it...!!!

The property which you will gift him will come under self accquired proeprty once his will flourish as the sole owner of such property.

 

Now why to gift mother and not father?

Answer: Read HSA 1956

My opinion is same as above paras.

The women till she is alive no one can claim her property and neither it comes under inheritable property.

It's her children & husband will get the share after her death.

 

Therefore,to whom ever you will gift a property that property legally belongs to him/her. There is no question of threat from any body if he/she writes a will for such acquired property before his/her death.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register