Virat.legal (working) 04 June 2014

Advice required on divorce filing

Hi ,

I am thinking of filing Divorce on the ground of mental cruelty to my wife(She is putting blame and is not coming back).

Before filing should I transfer the matrimonial House(which was bought by me before marriage) which is registered on my name? If I do a gift deed of house property to my Mom and then file divorce, would that help?

Can she still claim to live in that house?

Thanks

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17 Replies

Gautam Kapoor (IT professional Studying Law) 04 June 2014

yes you can/should take precautionary steps for you safety.

1 Like

Laxmi Kant Joshi (Advocate ) 04 June 2014

yes do it , its a good move .

1 Like

Virat.legal (working) 04 June 2014

Can her lawyer claim to reverse the gift deed , as it was done just before filing divorce and when we lived together it was on my name?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 June 2014

If you do not wish to loose your house property, why do you think divorce.? You can settle the matter through mediation sit with elders from both the sides.

Biswanath Roy (Advocate) 05 June 2014

Settle the matter amicably by mediation through your common family friends and relatives. If the matter is not settled amicably then only think about mutual divorce.

Advocate Ravinder (Advocate/Attorney) 05 June 2014

By merely gifting the property to some third party, you cannot escape from your obligation. As per the Domestic voilence Act, if you do not have house of your own, you should take a rented house especially for your wife for her accomodation and shelter.

T. Kalaiselvan, Advocate (Advocate) 05 June 2014

Your property cannot be snatched away by your wife at any time, her rights are limited to residence i.e., right residence as per law, she has not been empowered by law to claim share in your property during your life time as a right. Therefore act wisely so that it does not turns up to another grave mistake.

Virat.legal (working) 05 June 2014

Thanks for reply. I tried for mediation but it didnt work. In emails she had made some false allegations. Regarding property I understood abt right of residence. However I heard there is some bill pendinv regarding share in property so considering that would it be correct to gift it to mom? Or any other option. She was doing job but what if she quit it , will she still be eligible for maintenance. She has same qualification as mine. Plz reply

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 June 2014

If you want to safeguard the property, the transfer should be against consideration. Gift deeds can be annulled on mala-fide.

Besides you would have to pay rent, if the lady has no place to stay.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Facebook: www.facebook.com/shoneekapoor

twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

1 Like

Virat.legal (working) 05 June 2014

I am not denying residence to lady. She can stay as per law. I am just looking for options to safeguard my property so that she can not claim that even in future if such bill comes. Plz let me know how can I do it. Also let me know abt my other query.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 June 2014

You have been advised to transfer the property against consideration.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Facebook: www.facebook.com/shoneekapoor

twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

1 Like

Virat.legal (working) 05 June 2014

Thanks but I could not understand it. Could you please explain. I am a layman in this area. So please explain this "You have been advised to transfer the property against consideration."