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(Guest)

Husband has transfered his property to mother

Dear Sir,

i got married in Nov and after one month of marriage my husband thrown me out and refuse to keep me with him. and now planning to transfer his property to his sister name or mother name. if he does this so do i claim RIGHT to RESIDENCE from him.

please reply



Learning

 11 Replies

Kumar Doab (FIN)     02 April 2015

Yes you can.

You can do so even if he doesn't have any rights in any property.

He shall have to provide even if he takes a residence on Rent.

 

He can give away his property that he owns to anyone by any means as it pleases to him e.g. Gift/Sale/Transfer/relinquishment deed, WILL etc.....

Manikandan (Advocate)     02 April 2015

Start doing the legal course of action at the earliest

(Guest)
Thanks a lot for your kind reply Regards

Prasad (Systems Engineer)     02 April 2015

Monica... your query is incomplete. You didn't mention why your husband thrown you out. Please analyze whether you hurt him anyway. Why should a dignified smart woman ask for RIGHT TO RESIDENCE from a husband who arrogantly throwed her out? Instead you should file RCR petition and claim RIGHT TO BE HIS WIFE first. All other good things will automatically follow you.

(Guest)

well said prasad sir..


(Guest)

Thanks For your reply sir,

yes my husband has hurt me and done a physical violence with me when i reached to police station against his violence and harrasment . he told to my father take your daughter back i will not keep her with me as she is a lady and i am a men and men has full right to do watever with his lady.  after that has thrown me out from the house and till date my parents are approching him and he not even taking any call. also he is saying i wil make a MOU and if u will be ready to accept the conditions so i will take u back. and in that paticular MOU he is asking me that

1.i have to give 50% of the house hold expenses 

2. i will not take any legal action against him 

and i only ask i only want that u will not do any physical violence with me but he refused to accpet that clause

and sying i will not give this in written.

and MR. Prasad i have a recording of her mother where she is stating that KYA HUA MAAR DIYA TO AADMI TO HAATH PAIR BHI KAAT DETEY HAI.

again and again she is saying this thing.

TUM AURAT HO DABB KE REHNA CHAHIYE.

so now tell me where i will go its  we live toghter only for a month. is it so easy for a men that he can marry any time and then live and then again he will search someone else and wil make someone else life hell.

NOW u know the detail so plz. guide me MR. Prasad.

 

Reagrds

 

 

Adv k . mahesh (advocate)     03 April 2015

hardly it is very short time for you both to go for legal course and why all this mess started from whom

and why is he transferring the property to her sister name, in recent time supreme court has mentioned that when any matrimonial cases are pending transfer of property should not be done and those transactions are not valid

i can understand that even your mother in law is not supporting you in this matter and even your marriage is few months only

the query is incomplete elaborate to get the right answer

Born Fighter (xxx)     03 April 2015

You have not mentioned what wrong you did, for your husband to perform this immoral act of throwing you out of the house. why are your parents even approaching him to take you back if you are not at fault ?. Your parents should have supported you to file for divorce straight. Do you have evidence of the domestic violence ??

 

Your husband is asking you to sign MOU which means there was no trust and now there is negativity throughout in his mind. Patience and adjustment is required for marriages to survive. unfortunately your marriage has broken in just a month and both seem to be already planning how best each can torture the other. 

After staying for just a month you want a right in his property, please invest your time and energy to save the marriage rather than going legal. 

sandeep (pvt service)     04 April 2015

@adv k mahesh:

as per your reply below, request you to kindly elaborate on the specific judgement of SC which you have mentioned, the case name or number.:

 

hardly it is very short time for you both to go for legal course and why all this mess started from whom

and why is he transferring the property to her sister name, in recent time supreme court has mentioned that when any matrimonial cases are pending transfer of property should not be done and those transactions are not valid

i can understand that even your mother in law is not supporting you in this matter and even your marriage is few months only

the query is incomplete elaborate to get the right answer

rameshkumar (test)     08 April 2015

Note that, even if that property is in name of your husband, you cannot claim it legally unless your share is presented and the same can be proved.You may ask for maintanance and not his self earned property.

 

As well he has complete rights to transfer his self earned property to anyone even after he filed an RCR.

N R Dash.. (Advocate)     08 April 2015

Many things are suppressed here. 

- Why your husband had a physical fight with you within 30 days of marriage????

- Was the fight so intensified that you had to lodge an FIR in the police station????

- Why instead of involving the parents you went to police station????

- If your parents have suggested to lodge an FIR, why they are trying to send you to the same person again???

- If you want to continue your matrimonial life with your husband, why you are worried about his own property??? It is establishing a fact that you married him to usurp his property and voluntarily deserted him not even before completing one month of marital life.

 

Monica, you have not posted here with clean hand and righteous attitude. Dont let us exercise our brains for your selfish ideology???


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