Right of wife on husbands property which is gifted by sister


Hi, Wanted to know that if a property (home) is gifted to me by my sister in 2009 and I am the sole owner of it now. Can my wife who is married to me just one month back in Jan 2013, put a claim on it if she wants to in case of trying to get seperated. The gifted properity was bought by my sister through her own income and then gifted to me.
 
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Wife has no right over the husband's property during life time of husband if it is self acquired or gifted, that does not matter.She can claim maintenance and on default only court can attach the property,she has also residence right during marriage tie or she can calim alimony after divorce, not property.


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Freedom

agree to Mr Minansu


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Advisory/Advocacy

She has no claims on his property during his lifetime....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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My wife is a BE and has lost her job before marriage and she is not working right now. From the time I got married on 2nd Jan 2013, I am having a very miserable life. My wife keeps on fighting for small things with me and my family. Even a day prior to marriage she had a fight with me, looking at her aggressive and violent nature and her irrespective way of speaking to my parents, I had told my parents not to go ahead. But my patient’s told me, everything will be alright and not to worry, as things may change after marriage. Also it was not possible to take any harsh discussion at that time as all the relatives and all have turned up for marriage and we didn’t wanted to put her parents in a difficult position.

She has a very irritating nature, if things doesn’t go as per her she makes my life hell. She had fight at the honeymoon place (Kerala), native place and where ever we went. At kerala in a 5 star hotel she made a big tamasha by screaming and abusing me, even she slapped me 2 times and hurt me with her sharp nails. She even insulted me in front of my driver. Whatever I had arranged for her during honeymoon was in vain, she didn’t have any value of anything just kept on abusing me and saying “what third class trip have you arranged”. She always tells me that she may call her brother and friends to beat me and will put me behind bars. She warns me that all laws are with ladies and if she wants she will make my life hell.

At my home town she insulted me in front of my relative and shouted back at me, when I had requested her not to interfere in things which she doesn’t know related to us. But she didn’t listen. The same is continuing regularly at my home, she shouts at my parents with ugly gestures. From the time she has come home, she has not done anything which is expected from a newlywed lady. She sleeps late don’t do any homely work, nothing at all only watches TV and sleeps. When my mother expected her to do some work at home she refuses and tells to get a maid for everything.  Four times till date she has been violent and regularly tells us of putting everyone behind bars. She warns us that she will kill herself or jump from the building, due to which my parents are very afraid.

All at my home are scared, all these days many a times we had called her parents and mama and told them everything. They had even taken her home 2 to 3 times to help her understand and sent her back but no change. Now her parents say let her change at your home itself, when we call them or tell them about her behavior they are not giving much attention, so we are worried a lot.

I had told her that let my parents live happily and we find some other place for our self, because of her rude behavior towards them, but she is not ready for that. She says that this is the place where my parents have sent me and I will not leave it. She fights, bangs doors, already broke windows, throws utensils. We fell very bad as all this my parents and sister had made it through lot of struggle in life.

Looking at this behavior of my wife now my parents tell me to gift the Flat back to sister, but now even the gift deed process requires lot of money. Don’t know should I go ahead with this immediately or not. As I had posted my previous question about “wife’s right on husbands property gifted by sister”  on which people have replied that during the lifetime of husband she can’t claim it, but my parents doesn’t know much about laws so wants me to do this.         

We are really very frustrated with everything that is happening and need some help, all this time we had taken the intermediate people during marriage to solve the issue, but actually it’s not helping.   

Please Advice

 
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healyhcare

file a complaint in police station , before that go for a rented accoomodation and then file complaint giving rented accom address stating voilent nature of wife, be ready for 498 and DV  as she knows the female favouring laws,

wait for few days , if she doesnt join u at alternate accomodation , go for rcr

im sure the moment u file a complaint stating threat of life and othr things u will face the music,

but at least someone has to start, so why not u as u suffering more.........

if MCD fails be prepared for fight if u really want peace later else it ur wife who would dominate u all ur life......

CHOICE IS URS


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Is there a immediate need to transfer the Flat to someone elses name (Sister), as the family is saying that if a maintenance is to be given to her the total assest of husband is taken into account. Is it true.....Also i am afraid that she might ask for her share in that home other than maintenance.

I dont want to take any step towards transfering the Flat without having full knowledge of the same.

Please advice.

 
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Can any one please suggest me on my above query?

 
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Other

Hi Praveen,

Yes court may attach ur property when she claims maintenance. But but but, if she is BE i.e an Engineer and well qualified she cant get maintenance from you. As you know she has an evil eye on ur property, the best is to (follow these below steps):-

1. Gift it back to ur sister or prepare a gift deed on ur mothers name. Do this without her(wife) knowledge.
2. Then take a rented accomodation outside this place and far from this place and ask ur mother to file an civil injunction suit against both of u. But do this when u starts living outside this house and the house gets transferred to ur mothers name. Spend money, dont worry on this as this may hurt u afterwards. Although as per law she cant claim any property but still its better to be clear of hassles.
3. After all this i am damn sure, u r gonna face the music i.e 498a so be prepared and start going to local SIFF meetings and gain knowledge on laws and how to fight out  the system.

And if required, pls read the Property Act....I repeat she cant claim flat from u but she may attach it in maintenance case and sometimes judges pass Interim maintenance and may pass orders for her Right to residence in that flat (in DV case). So to avoid all hassles i have suggested u the above steps and do them immidiately. Start doing them from tomorrow onwards without her knowledge.

 

 


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My case is very similar to Praveen's. My marriage was also done in hush hush and I didn't get much time to evaluate her. Soon after the marriage we ralized that she started getting aggressive and abusive. AFter a lot of compromises, attempts to reconcile and make her feel comfortable I have decided that I would go for a seperation. 

During our marriage we didn't take any dowry - no cash, no property no car. There were some expenses of about 5 lakhs which they paid during the wedding so we returned them that money as well and have a recorded converstaion of the same. I am sure this recorded conversation will help me to potect myself in case they claim that we took any dowry.

I am planning for a divorce. I have a house which is in my name. I am planning to gift deed my house to my sister (or mother) and then file the divorce.

My question is : Can the court revoke the gift deed if my wife contests the divorce ? Can the law pointout that this gift deed was contemplated and pre-mediatted before divorce and hence it would be nullified ?

Maintenance is not should not be an issue in my case because my wife is an engineer, she works in a large MNC and earns more than half of what I earn. Not really sure but she has a house in her name as well in Gujarat so she wont have a change of living status after he divorce. Hence I dont think maintenance wont be an issue - am only particular about the house which I want to protect.

PS : It has been 9--10 months since marriage and we haven't got our marriage registered yet. What implications will be there because of this ?

 
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