Dactum (na) 12 February 2014

Should i buy a flat onset of a dv act?

Hi Sir,

I would like to discuss few legal points before i purchase a flat at Hyderabad.
My wife can file a DV act at any time, so it is a risk if i register a flat on my name.

One of my friend suggested me to make an agreement with the builder and do registration when the case ends....

What about the complications that can happen or the gimmics that the builder can play, if i pay 95% amount to builder, making an agreement and prolong the registration process as long as possible say like one year or more than ??? I hope by that time, my DV act would might have been cancelled or ended. I am looking for some alternative methods also which is safe ...

Is it a safe solution to own that flat? I am very much fascinated with the flat... I don't want to lose that one...

In case, if it is a good solution, how the property tax is paid till i get it registered to my name?? The building is 95% completed
and on to the final stages..It seems like the builder is genuine but i am anxious about it as i am not aware of the property laws..

Is there any alternative solutions to get the property registered immediately but safely that my in-laws cannot trace out?

I would appreciate your sincere comments to a pathetic DV act sufferer.

Kind Regards,
A DV act sufferer.

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11 Replies

dv (ghvhb) 12 February 2014

You can keep the flat on allotment letter and registration at the time.of.possession. If.anything comes up as a direct threat then the allotment can be cancelled and re alloted to someone you trust. Just make sure you have free transfer of allotment from the builder ( 2 free allotment transfer) I am not an expert so this is a suggestion only.

(Guest)

I do not understand why is there a need to just assume things?

To happen anything might happen, your wife may file N number of cases against you and not just DV.

Regarding buying property, you can always buy it in your mothers name or fathers name or brothers name, when you are expecting some case against you.

Even if your wife flies a DV at the most she can ask for rent, or place to stay if you are not paying her rent provided she does not have any source of income. In all of this, it does not matter to the court, whether you brought property, sold property, hjired, leased, etc until unless you have not taken care of your wife. If you have taken care of your wife's monetary needs, no need to worry about anything.

T. Kalaiselvan, Advocate (Advocate) 13 February 2014

Purchasing a property even during the pendency of any matrimonial dispute is not going to affect the title to the property. You can very well go ahead with the purchase on your name itself, your wife nor anyone can legally grab away the same hence need not worry, go ahead.

DV Act Buster (CEO) 13 February 2014

Create a private family trust, then buy the property from the trust.

Best to avoid buying in your own name during pendency of wife's cases agsinst you. Also keeping in mind new irbm

laws in the pipeline which may give share of husbands property to wife during divorce

Dactum (na) 13 February 2014

Sir,

Many lawyers do not know the fact that through DV act, wife can file a property injuction order till the case ends. So i t is virtually like losing the rights on the property and more over resale of the flat becuae of the cases on it.

Samir N (General Queries) (Business) 15 February 2014

Adv. Kalaiselvan's advice is 100% on point. Do not unnecessarily complicate things. By doing so you will be jumping from the frying pan into the fire. I mean from a possible problem with your wife (frying pan) to a problem with the builder(fire). No matter what, wife does not get right to property, only right to residence.

Dactum (na) 16 February 2014

Samir,

I do not like she residing in a flat which is owned by me...Why should i take risk???? More over it will help her to bargain more...if the property is on my name..

At the same time, if my mother buys a flat on moms name with my money, she dont have residence right as well as she cannot bargain more... But what i am worried about is how my mom can declare the source of income? As ancestral.. ? She is normal housewife and didn't earn anything to own a flat.. I am confident of my mother's sincerity to me, but what about my siblings who can raise a right as it is on mom's name ?

Gautam Kapoor (IT professional Studying Law) 17 February 2014

No matter what , DO NOT take risks .Patience is the key. Let the waters recede before you take any plunge.

Dactum (na) 17 February 2014

Gautam,

That's a good suggestion.. I have some money .. Do you know any alternative way to invest so that it is not notified or traced down by my in-laws...? I see gold as a good option ..but again it is risk in keeping in hand...