Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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hariharann   24 May 2015

Help needed to save the hard earned property from cruel wife

Dear Experts,

I have filed a divorce case against my cruel wife, I have 2 kids, As a interim maintenance I agreed to give 10k monthly to my wife and will take care of all educational and medical expenses of my kids, My wife is demanding to give my house,  Its my hard earned money and I dont want to give it to her,  she'll sell it and will not give to my kids.  I need your inputs to to safe guard my properties from my wife. Kindly suggest some suitable ways. thanks in advance

 

Thanks,

Shakthi



Learning

 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 May 2015

There were few changes proposed weeks back in the marriage laws in India, which everybody should be aware about. A bill called “Marriage Law’s (Amendment) Bill 2010″ was passed by the cabinet, which is pending for discussion in Rajya Sabha and some major changes in the women rights are suggested, on how the properties would be divided after divorce.The biggest change says – “As per new Divorce law, Wife share in property would be 50% in all her husband’s residential properties, no matter what and in other properties, her share will be decided as per the court decision.

hariharann   24 May 2015

Thank you very much sir for the response I too heard about this Sir,  Can i transfer my properties to my 3 months old kid's name and have myself as guardian? How will be the situation handled at that time?  Since i'll be giving a gift settlement deed,  Can i revoke the gift settlement at a later point of time in case of any need?

 

Thanks in advance for the inputs.

DV Act Buster (CEO)     25 May 2015

Hello, The Proposed change in law may not happen so easily, so fo not worry about it, in fact that bill in parliament hot lspsed and it will take ages to come up again.... But, if u have a dispute with your wife , for future safety & security it is best to transfer property if it is in your name. Best is to sell it to person of your confidence, or gift it to your blood relative or make a pvt ltd company with other directors and transfer it there and take a loan against it. you will need to pay stamp duty.

DV Act Buster (CEO)     25 May 2015

Hello, The Proposed change in law may not happen so easily, so fo not worry about it, in fact that bill in parliament hot lspsed and it will take ages to come up again.... But, if u have a dispute with your wife , for future safety & security it is best to transfer property if it is in your name. Best is to sell it to person of your confidence, or gift it to your blood relative or make a pvt ltd company with other directors and transfer it there and take a loan against it. you will need to pay stamp duty.

DV Act Buster (CEO)     25 May 2015

Hello, The Proposed change in law may not happen so easily, so fo not worry about it, in fact that bill in parliament hot lspsed and it will take ages to come up again.... But, if u have a dispute with your wife , for future safety & security it is best to transfer property if it is in your name. Best is to sell it to person of your confidence, or gift it to your blood relative or make a pvt ltd company with other directors and transfer it there and take a loan against it. you will need to pay stamp duty.

(Guest)
Dear Ramachary. When this bill was approved by cabinet after it lapsed?

Jaya Pathak (Paralegal)     27 May 2015

DV Act Buster's advice to transfer properties is very wrong. There are case citations according to which such acts by husband are considered detrimental to the wife's interest and can have negative effect on husband's case. I am pretty sure there are many other citations besides the ones I have mentioned below. 

 

P. Babu Venkatesh vs  Rani      
Property sold by husband, right to residence granted
    
    
Preeti Satija vs Raj Kumari     
If properties are transferred, courts to be cautious

 

Alluri Bala Satya Krishna Kumari vs Alluri Varalakshmi     
Wife's subordinate interest in husband's property -  create a charge 

sridher (system analyst)     13 June 2015

dont agree for her her demand you say that you will tranfer your property in your kids name  bacause they  are minior or mortage the oroperty and buy a new property on your well wisher name.


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