Javed (CA) 17 May 2012

Property and 498a

My wife and inlaws are after my property and after 3 months of marriage she left to her home because of some small issues with me and now her brother is asking 1cr as compensation for divorce.I am an NRI and i am afraid that they would file a false case of 498a and DV against my old parents to extort money.There are 2 flats in India one in which my parents living which is in the name of my parents and me and other which is in the name of my mother and me.In this situation what would be the best possible way for me to transfer my share of property to my mothers name before any case filed against us ?Is it possible for her to claim share on my parents property which is not ancestoral ? The marriage was performed in India in a temple but not yet registered.Iam innocent and want to fight the case but i don't want someone to get away easily with the hard earned money of my parents.
Please need your advice.

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 May 2012

Dear Mr.Javed,

Laws in India are really one-sided, and their implemention metes out a lot of harassment to innocent husband and his relatives. 498A/406 are the most abused provisions, any tempramental problem anything can be given colour of dowry to extort and harass, some people have even made it a business to extort people under the garb of 498A. Since you strongly apprehend a false dowry case against you, this should be the time when you started preparing your ground-work, certain pre-emptive actions can be taken to somewhat safeguard you and your family from such cases, without the girl side even knowing about it.

Apart from this it would also be fit for you to gift (via registered deed) your share of the property in light of latest amendments that might entitle her to half marital property. She has no right on ancestral properties.

Hope this has been of some help.

Feel free to talk !

Regards,

Bharat

Guest (Guest) 17 May 2012

You are sitting on dangerous turf as your wife can file a plethora of cases against you. She can claim maintenance from you, right to residence in the shared household and also file a criminal case under S. 498-A. This apart, she can also seek alternative accomodation under the DV Act, the expenses of which shall have to be born by you. She cannot claim the property which in the name of your parents. Transfer your share to your mother or father immediately to be on a safer side.

Regards,

Ashish Davessar

Advocate

Javed (CA) 17 May 2012

Thanks for your advice.

Is it possible for me to gift property to my mothers name via registered deed without being present in India.If they send me the document via post and i sign on them or do i need to be physicalls available in India ?

Guest (Guest) 17 May 2012

The gift deed would have to be registered in the sub-registrar's office, whereupon stamp duty would be payable at market rate. You can though attest the document in your country and get the same registered in India by appointing a notarized power of attorney.