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Srinivas (Student)     28 October 2014

Saving property in false dv/dowry case

Dear Experts,

My Wife is planning to put a false DV/ Dowry case against to grab my property.

Because of this I would like to transfer my house to my Mother/Father/Sister. With this I hope to save my property.

Is this possible to gift to my parents and avoid my wife from taking away property. (Currently all of us are staying in the same property, Me, My Parents, My Wife and a kid). 

Who will be a better person to transfer my property to ? Parents / Sister ?

What is the overall cost for this ? Gift tax, Registration fees , Stamp duty etc. The property is in Bangalore and worth ~50L

Kindly Advice if this is doable and if so what is the procedure. Once I know it in brief I'll work with 

the legal expert  

Thanks 


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 October 2014

A major change in this amendment is that this rule is applicable to all the properties of the husband acquired before and after the marriage, whereas as the earlier law made sure that the wife gets share only in those properties which are acquired by husband only after marriage. Now men stand to loose on this front, in-case things so sour with wife.Even if you transfer the property on other names, also she is entitle by this amendment of foregoing bill.

fighting back (exec)     28 October 2014

@ramchary.........can you please explain in detail when has this amendment taken place, (Are you referring the IRBM bill) at present the wife is only entitled to residential rights and not ownership rights in the husbands property, until the death of the husband.....please give a correct answer to the respondent.

and if indeed any amendment has taken place with regards to IRBM, i insist that you please share the details of this amendment so that the other members also know of this.

@srinivas,,,,,at present the wife is only entitled to residential rights and not ownership rights....so no need to panic..........ramchary is wrong in his statement

Srinivas (Student)     28 October 2014

Thanks Ramachary, 

Correct me if I'm wrong, How is something that does not belong to Husband is entitled by wife. After gifting / transferring my property, it will not belong to me. even I can't make any claim on it right?  So how can this happen even if she is entitled for my properties. 

Any judgements that came up recently / other references that you can point me?

 

 

DV Act Buster (CEO)     10 November 2014

Adv. Ramachary's answer is completely wrong and misguiding. The Amendment he is talking about got scrapped and the bill has lapsed. As of today, the eife only has a right to residence thru DV act, in the matrimonial house, nothing else and absolutely no ownership rights in husbands property.

In your case Srinivas, you can always offer rent for an alternate similar accomodation for the wife and the court after verifying all the facts can ask her to move from your flat to the alternate accomodation.


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