Property

you may transfer your flat in your parents name by gift deed and do the transfer in the society.

 

you may transfer the FD's in your parents name as a repayment of your marriage expenses borne by them. There your wife won't be able to claim on it.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Taking precautionary steps is no doubt a good idea, but what about your salary and income from other sources, how are you going to manipulate them? What if due to reconciliation your wife returns to your home and you both start a fresh life peacefully but the property and the FD amounts hurriedly transferred to others are not coming back to you and you will not be able to avail of the benefits of your hard earned money?  Think patiently before taking any hasty decisions with regard to your assets, both immovable and movable.

Salary - I am planning to quit job

FDS - I am planning to transfer to my parents, If they cheat, I am OK with it rather than getting cheated by MY wife and in laws, But I have  huge amount in my SB ( around half crore) Not sure If I transfer  will court objects to it.

 

 

 

 

 

 

 

 

Mr. Kiran, The courts have no business to interfere with your personal activities namely settling all your immovable assets to the person of your choice, giving away your FD amounts to your parents and brothers/sisters.  Your wife's claim that you have intentionally done all these to deprive her of the privilege of the property and money will be brushed aside by the court and will ask her seek only the relief and remedy she needs to be addressed by the court. Hence as per law, since you have not been restrained from performing any act, you may go ahead with them so be free about it.  

@ Kalaiselvan What will happen in future after IRBM becomes law ? Then can wife claim that auther have intentionally done all these to deprive her of the privilege of the property and money??????? What will be the courts stand at that time? Thanks

As far as my knowledge, if the proposed IRBM becomes law in the future, it may not have a retrospective effect especially on the cases already filed/decided, so do not worry about the one which is in dark, think about what is to be done now.

I differ with Mr. Kalaiselvan on both the points.  If the husband transfers his entire FD amount in the of S.125 order to show that he is pauper, the courts of justice will not show their helplessness to protect the aggrieved wife comes before them seeking the maintenance. I do not say that the queriest herein is such one but the fraudulent transactions to deprive the legitimate claims can be stopped by the courts if clear picture is projected before the courts.  The judges are not thumb sucking children to fall prey to the tricks of street smarts.

In IRBM, which may be offing, if any one of the party desires, can move appropriate application to add IRBM ground in the pending matrimonial dispute.  In the already decided cases, IRBM cannot be brought in, but in pending cases, IRBM ground can be brought in to avoid the much hasseled evidence part to prove the divorce grounds and the case and evidence will confine only to alimony available under the new provisions.

@ adv Chandrasekhar

You said that "In IRBM, which may be offing, if any one of the party desires, can move appropriate application to add IRBM ground in the pending matrimonial dispute.". Then if husband has filed RCR & the case is running for three years, then according to you wife can file divorce under IRBM in between & will get divorce. In such case what will happen to husbands RCR????.& if court dismiss husbands RCR based on wifes application of IRBM.. Dont u think it looks rubbish?

And I differ with whole points of Mr.Chandrasekhar due to following instances:

1. It's very early to comment on IrBM prior to any notification through Gazette which the last resort.

2. You can comment any thing on IrBM by your own as on dreaming and speaking No taxes calculated in India.

3. Any self property which is whole and sole managed by husband can't be asked as why you have done this and why you have done that. ..If it is in question then section related to Power of attorney and their role, Title suit and main owner and their roles would be errased first.

4. Favouring women on every thing doesn't suits your morality....until or unless your own wife and dauhter in Law not claims your whole property by IrBM...then we will talk about morality on women...isn't it??

5. If husband files RCR and wife files divorce then RCR bechara IrBM ka mara according to you.and it will get dismiss..lol because court is not child sucking for street smarters even for RCR and even for Properties...again big LOL to you.

6. If RCR and property transfer will be cancelled for just cause of IrBM then what is the use of filing IrBm tell the wife to simply take all properties of husbands and divorce as Bonus.Because whatever she will say it is Immortal and binding by the Lord of Law.

Dear chandrasekhar Jii....A strong say on you those Who think of robbery in other's home their own home is Looted at some day.....so be aware.

Thank you.!

Agree with sufferer 

Agree with sufferer