LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Learner (xxx)     08 January 2012

Safeguard of husband property/misuse of domestic violence act

Friends,

Need suggestion....How can I safeguard/immunize my property under purchase from getting effected thru this domestic violence act misuse? I anticipate misuse of domestic violence act.

The property underquestion is under purchase, I am the husband and property am purchasing is on my name, but I don’t want to take risk of losing the same incase my wife misuse domestic voilence act.

Suggestions and opinion are welcome.

Rgrds



Learning

 11 Replies

**Victim** (job)     08 January 2012

With DV ur wife can only seek residential rights & not property rights.

Sanjeev (Lawyer)     08 January 2012

Ideally the best way is to not to transact any property transactions when you are entangled in matrimonial disputes as under DV a sharedhousehold may be demanded by wife stating her need for a shelter and if she portrays that she dont have a place to live. Though the act do not give any ownership rights but if residence rewards are awarded its the bigger issue.

if the deal for purchase is not throgh you can buy in your parents name and later transfer when the cases get solved.

1 Like

Neeraj1981 (se)     08 January 2012

Do not buy the property in your name. You can buy in your parents name and can later transfer it in your name once the DV case is over.

1 Like

anonymous (xxxxxxx)     08 January 2012

i have a question which is other way round what happens if the propertyhas been purchased by the wife and husband is the co owner, does the wife get property rights incase he has walked out on her?

1 Like

Adv. Chandrasekhar (Advocate)     08 January 2012

She will be the absolute owner of 50% of the property, whether he walks in or walks out.

1 Like

balwinder s bains (Nil)     08 January 2012

 

Learned Advocates,

Husband of my sister died recently. He was working with govt department but all ancestral property is still in the name of his father. His mother (mother in law of my sis) is still alive. 

Can you please advisse about the legal rights of my nephew (son of my sister) in the ancestral property of his grandfather & the immeddiate remedy to stop his grand father from disposing of or transfering the property in the name of her daughter or son in law.

Briefly the case is as below; 

My sister and brother in law both had 2nd marriage in June 2007. My sister was widow her husband died ue to lever cyrosis discease and b in law was divorcee. Just after few days the in laws and her husband started maltreating beating her and forcing her to bring more dowry. She was forcibly shifted another place another town by shifting her luggage in her abscence by her husband with in about 3 months. The place where she was shifted at that time was completely isolated developemnt and the flat was at 5th floor without any elevator so she had to walk upo down even during her pregnecy. During this period she got pregnent. With in next few days her husband beat her again there and locked the door threw her away out side the house. 

We had to approach authorities and the case was filed against the family. Now the case was moving on & during the period  in April 2008 she gave birth to his / her son. 

Now few days back her husband died they never intimated us of the death. We came to know about it three days later and attended fulchugn a ceremony. But as  our relegious rites requires to lit pyree to her son was never given this opportunity. They tried to misbehave with us even there when we went to disperse last remains. 

Now the question is they are totally ignoring his son and we can under stand that they will never give his legal right from their property. They have few acres of ancestral agricultural property, urban propertyetc. At the same time he was working in the govt department.  My sis is also working in the govt department. Her son is now about 3 yrs 9 months.

1. Please advise what remedy and actions we can take to protect the legal rights of both my sister and her son.

Is it  possible to acquire his legal part in the property. 

2. Who can legally claim and get post death service benefits e.g. insurance, pension, gratuity etc etc? 

Your immediate advise will be very much appreciated. 

Thanks & best regards

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 January 2012

Dear Lerner

future is uncertain nobody can say about it. purchase the property in your name no need to worry about it, wife will have been the right to residing and not any other right in property.

feel free to call

tarun (bdvdv)     10 January 2012

Dear Sanjeev, In case one purchase a builtup property and dont stay there i.e. if husband and wife stay in a rented premises and dont occupy the newly aquired bultup property (as under DV residential rights can be given). In this scenario can wife claim the newly acquired property on husband's name? pls suggest.

Rgrds

Chaitanya_Lawyer_Mumbai (Lawyer)     12 January 2012

Dear Balwinder,

Pension & gratuity benefits will be devided between his 3 legal heirs,mother,wife & son.

your sister & her son may not get any share in ancestral property.

balwinder s bains (Nil)     12 January 2012

Thanks very much for your reply, 

I would like to know why they cant get their share in the ancestral property. the husband of my sis died due to his alchohalic habits. Does it mean there is no remedy available at all. her father in law is pensioner and he has no liability on his head. I believe he can not dispose of ancestral property without any jusifiable and genuine reason to sell the property. Can he transfer it to any body else including his daughter by ignoring the right of his grandson.

thanks & regards

balwinder s bains (Nil)     12 January 2012

Thanks very much for your reply, 

I would like to know why they cant get their share in the ancestral property. the husband of my sis died due to his alchohalic habits. Does it mean there is no remedy available at all. her father in law is pensioner and he has no liability on his head. I believe he can not dispose of ancestral property without any jusifiable and genuine reason to sell the property. Can he transfer it to any body else including his daughter by ignoring the right of his grandson.

thanks & regards


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register