Property bought by married working woman

Hello Simran...

You talked about Money. Flats. Business. Properties. Bank. EMIs.

At the end you asked " Can I negotiate that I can transffer my share of property to the kids name?".

But you did not ask "Can I negotiate so that I can transfer my husband's love for my kids?".

Simran, did you ever worried about your kids? 

Did you realize that your kids need their father as much as they need their mother?

It is the birthright of the kids to live with both of its parents.

So, please sort issues out with your husband and gift your kids their father.

If you have completely lost trust and love on your husband, then please go for MCD and "Shared Parenting Plan".

In MCD, you can also resolve any property rights if that is what you give most importance to.

Prasad,

Thank you, so much for your reply. I would definately want my kids to have their father. I would definately try and ask him not to neglect the children atleast. For that, I would not go to any forum to seek advise. That is a natural course that any mother...oops parent would do. But if a person has decided to move on how can I stop that person? I did not mention that I have heard him talk intimately over phone with someone. Some gold digger walks into your life and takes everything you have and doesnt spare your children as well. What would you do to protect atleast their rights. Prasad, if you are a lawyer, I would want a legal advise. This advice is also welcome and I am sure people approaching legal help would try all means first and then use legal aid as the last resort. Any help appreciated.

thanks,

I repeat Simran.

If you have completely lost trust and love on your husband, then please go for MCD and "Shared Parenting Plan".

In MCD, you can also resolve any property rights if that is what you give most importance to.

Also, why do you want take money from a womeniser, for your kids?  That is a disrepct for your kids.

Rather you take care of them yourselves.

As I have seen in many cases, later in your life, there are more chances that your kids will hate you for you separated them from their father.

Prasad...thank you. I dont want to initiate a divorce. How do I sell the property that I have bought and buy a shop? Is there a legal way other than divorce, if he refuses to sign it?

https://www.lawyersclubindia.com/forum/Partition-suit-and-declaration-suit-67525.asp#.VdMSZLLvPIU

Simran... you can refer the link above for the details on parition lawsuit.

You can file this lawsuit to partition out to get your share and then sell your share.

But, as you have stated, your husband will fight your lawsuit.

Aggreived by your case, your husband might also file for divorce and demand the custody for his children.

He might argue that you do not have enough finanncial resoueces to take care of the children and hence he will demand custody of the children.

Please consider these before initiating any lawsuit.

Note : Most folks come to this forum before exhausting all personal civil social methods, just to know their legal options.

Which place are you from?

@Simran Arora,

For easy understanding, let us keep the question of first property, where you are residing with the children at bay and concentrate on the second property, which is on joint names with your name as the first owner and which you want to dispose off without your husband's consent.  This property you had is out of your whole contribution and not a penny from his side, but the title is joint one.  The buyer would insist his consent for its sale.  To cross over this problem, you have to file a suit for declaration in civil court to declare that you are the absolute owner of the property and your husband has nothing to do with it.  To prove your claim and win this case, you have to show the court that the entire contributions were met by you from your earnings.  This case takes about two to two and half a year.  Once you will be declared as the owner of the property, you will be entitled to sell it.  But I caution you that once you file this case, what your husband will do is to file a similar suit in respect of first property seeking the declaration of his absolute ownership of that first property.  You can challenge that suit effectively by showing that how your amount had gone into that property.  Further, fretting and vexatious husband as a retaliatory mood may go to file a matrimonial case such as divorce etc.  These are the likelihood things those may happen in such situations and I felt it my duty to forewarn you.  If things become from bad to worse, you can get residential rights in the property where you are living right now to protect your and your children's interests.  Finally, you can transfer your rights to your children in any property, where you have got title rights (either first property or second property), by executing the proper deed and register it according to law.  But the rights of children on such property are subject to your legitimate right on the property.  What I mean is that if your right on the property is challenged, it is also a challenge to the right of the children on such property.

Prabhakar(Advocate)

(M)9958670740

Legal Aid Panel-Central Delhi (Tis Hazari)

Thank you. This was a much required help. I will think over all negative aspects before considering any drastic step. @Gyan, I can tell you that I am in Maharashtra, would not prefer to disclose my city. Thanks.

Hi Simran, I just want to commend you on the steps you are taking and offer my thoughts on Prasad's commments: she came here to a LEGAL forum for LEGAL advice, not for the likes of you to provoke MORAL dilemmas. Most women would just take the 498A/CrPC route but she has chosen the hard path to do what she feels is in the best interests for her kids and herself, so please refrain from your condoscending remarks if you have no tangible assistance to provide.

Nothing more to add,I agree with the suggestions of Mr.Prabhakar and the views of Mr.Anand,divorce is not the solution here.We are here to provide legal solutions but not break marriages with our suggestions.MCD's and 498A's are the ultimate solutions when mediations and counsellings fail.I feel this problem can be settled with proper counselling and mediations.

Thank you Simran for you wrote " I will think over all negative aspects before considering any drastic step. ".

Hello Anand...

Please read my replies fully.

I did provide the best legal suggestions to Simran.

And Read the vision of Lawyersclubindia site.

It is an interactive forum for Lawyers and Indian Public.

So, this is not a pure Legal forum.

There can never be a pure legal discussion.

A pure legal discussion will wipe away our culture and the peace of mind.

Are you saying that filing a property dispute case on a husband by a wife is in the best interest of a wife and kids?

  
Not at all Sir. 

If a wife takes any sort of legal action, the marriage, trust and love are eliminated for ever even before the legal judgements are done.

So, there is no harm in reiterating moral values.

Reiterating moral values is not a criminal offence.

In fact we have to do more moral reminders than reminding legal provisions.

Hello Sainath... Thank you for you wrote that "We are here to provide legal solutions but not break marriages with our suggestions.".

Can you tell me one legal solution that will not break a marriage? Tell me at least one legal solution. I bet you will not be able to provide any such solution.

Legal solutions may get money and property from husband to wife and kids.

But... Legal solutions in matrimonial issues always break the marriage irrevocably.

It is let for the querists whether to accept legal advices and solutions or not,it is left for their wisdom to counter further legal complications.

Originally posted by : Simran Arora
	Thank you. This was a much required help. I will think over all negative aspects before considering any drastic step. @Gyan, I can tell you that I am in Maharashtra, would not prefer to disclose my city. Thanks.

In around Poona and Bombay? You can find people who can purchase the aforesaid property with the headache and get the property vacated too.  Try talking to local real estate people.  Sell it without telling anyone.  All the best.