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Can wife claim husband land during divorce case

Page no : 2

Chirag Bhatt (Lawyer Gujarat High Court)     20 November 2009

Please dont give any stuff out of the court. Give whatever you want to give in the court house. if the relatives of your wife harrass you, U may file a criminal complaint againt them.

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 November 2009

 

 

Mr.Chirag is right. U can ask her to appear before the court and get all the articles. If police come then ask them that u r ready but u want receipt of recturn of whole dowry articles and want to get back ur articles with the girl. If police do some wrong then file complaint in police or private complaint in court.

Good luck.

K. Rajendra Prakash (Advocate)     20 November 2009

You better report to the police against the relatives of your wife.  Your wife is not entitled to claim maintenance (she is living in adultery).  The question of your wife claiming share in your landed propeties does't arise at all.  Divorce case is pending, there is no necessity for you to deal with your wife or her relatives out of the court. 

sivakumar Radhakrishnan (Engineering)     20 November 2009

I applied for the divorce due to adultery by my wife. I have one female child (2years old). Can my wife claim my two vacant land on behalf of my child?. If she filed such suit in court, will judge say to handover my two vacant lands to my wife ?. How to avoid giving land to my wife ?.

I love my baby lot. Even I am ready to give my two vacant land to my baby also. But if I give to my wife, she will sell it and she will enjoy the money with her illegal husband.

If I write will that, after my death all of my property will reach to my baby, can i escape from the troubles of giving lands to my wife ?.

PLEASE SUGGEST ME....

Suchitra. S (Advocate)     20 November 2009

Sir, first of all, your wife can ask for the property for the child. Making a will is one way of securing the interest of your daughter. But the will comes into operation only after your death.

If you transfer the lands to your daughter's name, holding the rights for yourself till she attains majority, your wife will not be able to sell that property.  In any case, you need not give the property in your wife's name.

Rajeshkannan (Designer)     20 November 2009

Madam,

How to transfer the properties to my daughter name. Because in registrar office my baby has to come and she has to sign. How baby can sign. So in this case mother has to come to registrar office or what. please explain me brifly. I will be more thankful to you.

sivakumar Radhakrishnan (Engineering)     20 November 2009

Madam,

How to transfer the properties to my daughter name. Because in Registrar office my baby has to come and she has to sign. How baby can sign in the stamppaper. So in this case my wife has to come to reistrar office or what.

If i transfer properties to my baby name, in future can I sell the proerty or not possible?. Since my child is in under custody of my wife, whether my wife will claim over lands on behalf of my minor child as a gaurdian ?.

Please explain me beiefly.I will be more thankful to you.

Suchitra. S (Advocate)     20 November 2009

Sir, I beg your pardon for advising you to hold the rights over the property. You will have to transfer the property through gift deed wherein your wife will be the gaurdian of the property till your daughter attains majority. Make it claer in the deed that your wife cannot sell the property till your daughter attains majority. 

Sanjeev Kuchhal (Publishers)     20 November 2009

Sir, if the divorce is granted on the ground of adultery, I am sure Court will be reluctant in giving custody of child to her. In custody matters facts are more important.

K. Rajendra Prakash (Advocate)     20 November 2009

Mr. Sanjeev Kuchal is correct.   In custody matters the paramount consideration is the welfare of the child.  Child's welfare is not secured if the custody is given to mother living in adultery.  Once divorce is granted on the ground of adultery, I am sure custody of the child will be given to you.

sivakumar Radhakrishnan (Engineering)     21 November 2009

1. If my wife file suit in court,  to obtain my two vacant land on behalf of my child (female 2year), the court  will order me two handover my lands to my wife or to my child name ?. How to avoid giving her my properties ?. 

2. If i transfer my two vacant land to my child thro "GIFT DEED", can I sell it if I need for any money  in the future ?. also during selling time my wife signature is required ?.

Suchitra. S (Advocate)     21 November 2009

If you gift it through gift deed , you will lose all your rights over that property. You cannot sell it later. If you name your wife as gaurdian on behalf of the child's property, then, before the child attains majority ,your wife can sell the proerty only after getting permission through the court and not otherwise. Talk to your lawyer and he/she will clarify the matter.. :)

But as Sanjeev Sir has told, if it is proved that your wife is living in adultry, then the custody of child will be likely to be with you and there is no need to transfer your property to child.


(Guest)

Why you want to transfer your property on your daughter hurridly? Make a WILL deed and declare that after attainment of major your daughter gets full rights over your property. Better to contact a well experienced Advocate in this regard. 

K. Rajendra Prakash (Advocate)     21 November 2009

Your wife cannot file suit claiming your properties.  For the present do not think of transferring your properties to your daughter.  If you want to gift the properties to your daughter you have to show your wife as the guardian of your daughter in the gift deed.  That is not at all advisable at this juncutre.  In case you prove adultery of your wife custody of your daughter will be given to you.

Hardik Mehta (Family Counsellor)     24 November 2009

Siva,

Your wife cannot claim the properties that are in your name. Please dont be emotional. You have the future for yourself, but do not bow to the demands. Let the girl become adult and then ask the share in the property. Till then you should keep quite.

I would suggest to apply for the child custody on the grounds of adultery in the same divorce petition. The court may give the child to you, if the adultery is prove. This is for the welfare of the child. Concentrate on your divorce case and be prepared for some extra bouncers from your wife (like 498a/406 etc). This can be tackled easily.


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