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Fighter   14 November 2018

Rights of minor daughter on fathers flat after divorce

Me and my wife have taken mutual concent divorce 1.5 years back.

We have minor (4 years) daughter from marriage. Daughters costody is with my ex wife.

I have paid lumpsum very good amount to my wife as a final settlement for Mutual consent divorce. We both are Hindu.

I have done second marriage year back and i have small (2 months) daughter.

My ex wife is very dangerous and she can continue to harrass me in future with litigations.

She has told me few months back that she will harrass me once my first daughter turns major. She said she will file case for property division with help of my daughter. Just to harrass me.

I am planning to buy new flat. I want to know, on which name i should buy flat.

Option 1- Myself single owner , Option 2 - Me and my second wife or any other option.

If option 2 then should we mention ownership percentage? If yes then how much.

My second wife is educated but housewife now. I will be paying complete EMI.

Note: I am fine with giving maintainance to first daughter, only worry is that ex wife should not through me out of my flat with help of first daughter.

Suggest me how i should save flat from future litigations? 

 



 5 Replies

Kumar Doab (FIN)     14 November 2018

You have confirmed that you are all Hindu.

The property/funds invested in property(ies) are self earned/acquired or ancestral?

The spouse (either husband or wife) has NO forced share in self earned/acquired property/estate of other spouse (either husband or wife).

Children have NO forced share in self earned/acquired property/estate of parents.

Wife is not a co-parcener in ancestral property os husband.

Children do have share in ancestral property of father.

Father is liable to maintain sons/daughters and marry daughter within his resources/means.

The convert may lose share in estate/property of forefather(s) depending upon facts of the matter.

The T&C of the MCD and narration in MoU/decree and payments of amounts paid may matter in each matter, as per facts of each matter.

If maintainace is awarded by court of law (per facts of the matter agitated and proven to the satisfaction of the court) then in case of non payment court may……may order to recover from estate of defaulting party.

 

If share is not mentioned in sale deed then IT implies share is equal for Co-owners as in Title/sale deed.

If one Co-owner has paid expenses then that Co-owner may succeed to claim the amounts.

Kumar Doab (FIN)     14 November 2018

Hope you shall take IT positively:

दूध का जला छाछ भी फूँक-फूँक कर पीता है

Once bitten,twice shy

 

The narration in each document about (proof) of source of funds, payment being made by one Co-owner can matter and help in future if the need be e.g; agreement to sell, sale deed, agreement amongst Co-owners etc  and irrefutable evidence of payments etc etc!

The narration of beneficial clause inserted in relevant docs can be helpful..for future reference and use.

The owner may contemplate suitable option e.g; Conditional Gift deed, settlement deed, WILL etc to mind and protect future interest…

You may go thru;

THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988;4

 

THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016; 4(9)

(b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by—

 

You shall notice and may agrre that ; proper narration matters.

Kumar Doab (FIN)     14 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, employee’s/trade union leaders, helpgroups for spouses (husband-wife)  etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Criminal/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Avoid IT’s and entities loitering at various online portals to allure and fleece unsuspecting/innocent/hapless  querists many of which advertise with pictures of sick and old indivisuals and claim to be some Lawyer ( infact a Liar) and flaunt unknown firms as Law Firms ( Infact Liar’s firms) ….and are good for nothing Mufatkhora’s ( Freemongers) looking for bakra/shikar…

 

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location. Check for such counsels at LOCAL e.g;, Famil/Civil courts, HC, SC … Such counsels can draft so as to suit your long term interest.

 

You can also try to get free legal advice from FREE Legal Aid ( DLSA) that is usually in LOCAL courts Complex..preferably specializing in Family/Criminal/Civil  matters.

The helpgroups for spouses can also help you further.

Kumar Doab (FIN)     14 November 2018

 

 

In the meantime you may go thru Article under my profile and pick up relevant points;

“Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed!”

You can also go thru other articles, files that may interest you.

You can by your sweet will, create any suitable trust for your wife (Ex. Wife if you wish), children, leave any asset for  them  by any suitable deed, of course with proper narration.

Your own counsel can help you.

Shashi Dhara   14 November 2018

Write will for every five yrs the last genuinewill wouldbeffectiv only property shud be self acquired property.dont worry.

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