Hi
I am posting this thread on behalf of my friend who has dispute with his wife.He wants to buy a residential flat but in his sisters name so that his wife cant claim it.The sister is faithful to him but she has two kids,So he want to make the legal matters clear so that some day his neice cant claim that property in their mother's name.what legal precautions should he take to secure his property in future??
please advice.
Ashok Yadav (Lawyer) 07 July 2011
He should get a regd. gift deed from her sister and do not disclose it to any other person. He can use the gift deed as and when need arise in his favour, he should not also get the name mutated in the society in which flat is situated.
If husband is not interested to give the property in the wife 's name then no option left.
Suppose if in future if she cant gift this property to his brother then what do you do?Secondly the dispute beween husband and wife -thats why he is not ready to buy the property in his name.In future if he got divorced from her then her sister can gift those property in his bother's name.
@Kushan Vyas
..The husband want to buy it for his own.In future he can give it for rent or sell if money needed.BUt If his wife come to know about the property she may create problem.Hence he is not willing to buy in his own name.Equally he has fatith in his sister but in future till loan(wll be taken in name of sister but all payment will be made by my friend in cash to sister ) is repayed if something happens to sis and then her kids may claim for it.
What is the remedy.??How his prpety can be saved??
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