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(Guest)

Gifting property while case is pending

Is it okay to gift property to sibling after receiving divorce petition from court? Can family court issue stay on the property if property is on my name only?



 14 Replies


(Guest)

Dear Dhanesh,


Why to feel the pain when you have no pain...,


Just like you query and your anxiousness shows your dismay that property is stolen or been illegal possessed by you.


If not then why you are worried to dispose/sale/gift or just throw it down in dustbin or give it to the beggar any thing under the nose of wife if that property solely belongs to you and you are title holder for such assets.


Now,


1. So,far no law has been passed through the gazetted notification which is the last step of any act to be passed even after presidents assent to give the rights of stake claiming by wife.


2. If you gift such property through gift deed then No tax is going to paid by you on such transaction but yes registry and sale deed has to be paid according to latest structure on such deeds.


3. If your wife puts a hindrance after knowing that then you have number of reasons to justify the same because you are sole owner of your own assets.


4. As per the current Law she is only entitled to get maintenance or final alimony after divorce and that also when she is unable to maintain herself due to various reasons justified in the eyes of law.


5. Do whatever you want to do with your property movable or immovable before any Biased Law of IrBm/marriage amendment act 2013 hit's the Indian courts.(which has gone silent due to the various jerks of the congress party in the 5 states elections polls previous month)


Best of Luck..

(ESIS)


 

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1 Like

(Guest)

Thanks for your reply. I have already transferred property. Is it possible for family court or civil court to apply stay order on the sale of the property since case is still pending. I have not submitted my documents to society yet but 80% was transferred before receiving divorce petition and rest 20% after receiving divorce petition. The property is legal and it was bought 5 years before marriage. 

fighting back (exec)     14 January 2014

perfectly advised by sufferer........answered to the point.........


(Guest)

My lawyer says my wife can ask Judge to put a stay on the property which I have gifted to my siblings. Is it legal? If I am the only owner of the property then how can judge put stay on property which has already been transferred to my siblings? Can Judge ask me why did I transfer property? It is cruelty on wife as after my death she won't have anything. 

rising up again (FFF)     22 January 2014

hey sufferer / fighting back..

Adding to the same query .... If i gift my property to my mother during the case , would that not be taken in courts as done with malafied intentions ?? wud that not go against me in courts ?


(Guest)

This is what I am thinking of replying. As per current law there is no way wife can get share in husband's property. If home is on husband's name only and wife is entitled only maintenance then where malafide intentions come into picture. Also as per 2007 senior citizen act it is the duty of son to maintain his parents. 

 

https://en.wikipedia.org/wiki/Maintenance_and_Welfare_of_Parents_and_Senior_Citizens_Act,_2007

rising up again (FFF)     22 January 2014

dhanesh...

wish that was true... but i have consulted many lawyers and even a few judges...in my friend circle.... they all say..it can be taken as done by malafide intentions. i have 4 properties and al in my name..i am more tensed abt it... do help if u get a sure and convincing reply from anywhere.

 

thanks


(Guest)

Think of IRBM. If they pass IRBM then you have to give 50% share in all 4 properties or seat on Dharna like Kejariwal. There are two options you have. Gift 90-95% of your property to reliable sibling. If you give it to your married sister then your brother-in-law with show his color. If you give it to your parents then get a will as well. Another option is to sell 3 properties and gift 90-95% of the 4th one to your parents. If IRBM gets passed then she can gets only 50% of your share. I don't think I have to tell you that get more cash on sell of property so that future stupid laws won't wipe out all your gain. Let judge think whatever intention. You should ask Judge what if I get killed like Tharoor's wife? My wife will enjoy 100% on all 4 properties. Will you give 100% of your property to your wife who has gone legal after you. You are Indian citizen so think like an indian. At the most what Judge can do? He will pass high amount. You will go for review in higher court. Do time pass and then opposite party will get frustrated.


(Guest)

Think of IRBM. If they pass IRBM then you have to give 50% share in all 4 properties or seat on Dharna like Kejariwal. There are two options you have. Gift 90-95% of your property to reliable sibling. If you give it to your married sister then your brother-in-law with show his color. If you give it to your parents then get a will as well. Another option is to sell 3 properties and gift 90-95% of the 4th one to your parents. If IRBM gets passed then she can gets only 50% of your share. I don't think I have to tell you that get more cash on sell of property so that future stupid laws won't wipe out all your gain. Let judge think whatever intention. You should ask Judge what if I get killed like Tharoor's wife? My wife will enjoy 100% on all 4 properties. Will you give 100% of your property to your wife who has gone legal after you. You are Indian citizen so think like an indian. At the most what Judge can do? He will pass high amount. You will go for review in higher court. Do time pass and then opposite party will get frustrated.


(Guest)

One more thing. Gifted property you cannot get back on your name. So you can tell judge if I have malafide intentions then why would I gift my property which I cannot get back in future. Even if it is given to parents, I will get it's share on parent's death considering sibling's share on my gifted property.

rising up again (FFF)     23 January 2014

i very much true that. i have done all my homework on that..and now trying to sell those properties at whatever price...and then buy properties which are not disclosed to her. only very very close people to me know abt them.. hence, i hope i woud be abel to safeguard something...if not everything. also, have started spending money on myself.. travel abroad a lot, shopping, party in 5* hotels, keep gifting stuff to my mom, son and sister and her family and a few friends. That ways i have become a good person for them :) and now hired a good, experienced and expensive lawyer. have kept one property in her name - to sell that and use the amount to fight against her and to spend everything i can to win.  atleast, am enjoying life now.. !!! :)  else, never had time for myself.. other than work.


(Guest)

How will you hide property? While buying property you have to give your PAN number. Nowadays there is APP for everything. They may find your entire asset list using your PAN number. Your PAN number is public anyway. Please check yourself by visiting

https://incometaxindiaefiling.gov.in/e-Filing/Services/KnowYourPanLink.html

I would suggest do not disclose anything to your lawyer. Let them know about your plans just 24 hours before court date. My lawyer talks to opposite party's lawyer regularly and discloses everything. If their client goes to jail then they can ask more money for bail and later 5-6 years to fight 498.

 

 

Rahul Arjaria (Law Student)     23 January 2014

Sir,

I think the law to be enforced would be prospective not retrospective so atleast those who are in between of their divorce cases are safe

DV Act Buster (CEO)     15 February 2014

The new irbm law draft does not mention 50% of all husbands property to be given to wife on divorce. The shared household maybe 50 % but for all the other properties, share given to wife will be based on her contribution towards each of such property.....left at the discretion of the judge.


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