motherof2 (Home) 23 April 2012

Divorce - inheritance, hindu succession act, assets

Hello everyone.

I am currrently in the middle of divorce proceedings and have a couple of issues on which I am uncertain.

There is a dispute in relation to some land in Pubjab. My husband's father passed away in 1990 and the land was passed to his mother. His mother transferred the land into his sole name immediately in 1990, he is the only son but does have 2 sisters. The sisters were happy with this arrangement.

Fast forward 20 years and the husband is in the middle of divorce proceedings and decides to transfer the land back to his mother with the objective of defeating any financial claims arising from the divorce. This transfer is a free transfer (no money). He has obtained so called "expert" legal statements which cite the Hindu Sucession Act 2005, and says the reason for the transfer was that his sisters were unhappy (bearing in mind this is 20 years later).

2 questions:

1. Can the Hindu Sucession Act 2005 be applied to a transfer of land which occured in 1990?

2. Is the Act even relevant given that my Husband did inheriate the land directly, but instead by way of transfer from his living mother?

Thanks in advance, I very much appreciate your replies.

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5 Replies

Guest (Guest) 23 April 2012

Dear Querist,

1. Assuming that the land was in the name of your late father-in-law, the same would be the exclusive property of your husband. In that case you have no rights in this land. Your proprietary rights are confined to those properties only which are purchased by you jointly with him after marriage. Your husband is free to transfer this land to anyone he desires. Therefore, the 2005 Amendment has no application in this case.

2. The Hindu Succession(Amendment) Act, 2005 deals only with ancestral property and not the self acquired property.

Regards,

Ashish Davessar

Advocate

Chandigarh, Delhi

motherof2 (Home) 23 April 2012

Dear Ashish,

Many thanks for your reply.

I forgot to mention that were already married 5 years prior to his father passing away and his mother transferring the land to him. Would this effect your first answer?

Guest (Guest) 23 April 2012

It would not.

motherof2 (Home) 23 April 2012

Thanks for the reply.

As we are based in the UK, the land would be viewed as an asset of my husband. Disposing of the asset with the view to defeating a financial claim in the divorce is the reason why my Husband is attempting to justify this transfer to his mother by citing the Hindu Sucession Act 2005.

However I don't see how his argument or expert evidence holds any value given that the Hindu Sucession Act 2005 is not applicable retrospectively and therefore my husbands sisters cannot dispute the transfer of land made to my Husband in 1989?

I think the UK Court would view this transfer as being nothing other than a disposal of an asset to defeat a financial claim, particularly given that he held the land for over 20 yearrs and only transferred it back to his mother during divorce proceedings. It would however be helpful to know for sure if I could discredit his excuse for the transfer under the Hindu Sucession Act.

Suresh (Librarian) 23 August 2012

Dear Sir

I am in the similar situation. Can I request an answer to a small question of mine regarding the right of a legitimate minor chid over a property in case of divorse. The property was self acquired by grand father and transfered to father before death. Your opinion will be highly appreciated.

Thank you

Pushpender