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Ashok (Software engg)     08 October 2013

Gifted property to mother will considered in maintaince case

I have property on my name.many lawyer advice me to sellout or gifted to my mother.

I dont want to sell & i want to gift it to my Mother.

suppose i executed sale deed now after 498a before sammon of DV received 

and transfer property to my mother name.

then my wife could claim property under any section?when ( means if i filed divorce / her file Divorce)?

Selling property is only one solution which all lawyer near to me suggesting me .

i have lot of confusion related my flat.please clear out..

 

Thanks,

Ashok



Learning

 3 Replies

rising up again (FFF)     09 October 2013

best is to sell the property before starting the case.

if u canot sell it... gift it a distant relative, whom u trust fully, else gift it to you ur mother as a last resort. if ur mother is also under the 498a / cv allegations, its bound to be said that u gifted her the property few days prior the case means u have malifide intentions.

Also, if the case starts, then the b***** may put stay order on the properties..too.

 

i am going thru the same problem !!!   hence, get rid of all ur properties, cash, bank lockers and bank balance... all will be oepned up...when the case goes in court !!!!

fighting for my brother (HR)     09 October 2013

i doubt on above answers.. as i have seen people saying that wife can  ask only for maintainence.. nothing else..

husband property is attached wen husband absconding.. or not paying maintenace...check with many lawyers.. before taking any decision.


(Guest)

I still doubt on the assumptions of the querist. If you have some extra blood in your body then do donate some botles of blood to the real needy but plz don't burn your blood unneccessarly.


Any assets of husband can't be claimed by any law right of the moment. And those who are fearing for the same due to IrBM plz go and read the clauses what it has mentioned. The concern is on three basic things:


1. For extensive hardship of wife and children if divorce is given to husband in that case to eradicate the financial hardship the properties and assets of husband has to be given to his wife and for his childrens well fare.


2. If irr. break down of marriage crosses with continuos seperation of three years by couple.


3. This irrv, break down has to be justifed by the applicant and if the judge convinces on the same then he has discretionary power to divide the husband's assets to fulfil the financial hardship of wife and children.


4. In constitution of India if any acts destroy the very purpose of aims and objectives of it's articles and destroy the public interest and Fundamental right's of the Individual then the act is termed as unconstitutional and HC and SC has been given such powers U/A 226 and 32 to listen on such matters. So,guys it's very early to assume any thing without knowing the real act which is not yet passed and not yet been in procedure.

 

5. This property claim by wife will certainly raise a dispute among hindu families which will led a full fledge cases of constitutional act's in coming future once it is passed and comes into procedure.


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