Raj (CA) 02 September 2013

How to safeguard self acquired properties from my dv wife

Dear Experts,

My wife & me are seperated and she has slapped me with false DV since last 10 months. Interim order already given - right to residence granted to her in my house. Wife has come back to my house and residing in part of the house since 8 months. No maintenance given to her as she is highly educated, working and earning well.

Is it still possible to safeguard my other exclusive & self acquired properties (my office, an additional flat on rent, etc) from my wife by way of gift transfer to trusted relatives or is it already too late for it ? Till when can we do this before it becomes the law. If I do this now, would it appear to have been done to deprive her of her share. Are there other ways to safeguard ?? We are heading towards divorce.

Please advise...

Raj

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3 Replies

Tajobsindia (Senior Partner ) 02 September 2013

1. Ideally NOW is right time to SELL such assets and give proceeds as gift (consideration) to blood relatives to buy property in their name, if couples are heading towards divorce.

2. In my opinion no adverse blink may arise if same agitated under ‘divorce rights settlement’ or even under ‘retrospective clause’ of Hindu Marriage Law (Amendment) 2013 becoming Act by the time couples head-on in a divorce suit.

(Guest)

There is "NO right Time to Do Right Things" if you are insecure in your relationship and still heading towards Divorce this is the best time to make it reality.

Opinion: Gift it to your own bloods to whom you can get later.There is no boundation to sell or gift your own self accquired property at any time until or unless it has been strucked with stay order of court.